Court Post Pones Besigye Trial Over Health Concerns

KAMPALA; The Uganda Prisons Service failed to produce opposition veteran Dr Kizza Besigye and his co-accused before the High Court today, a move that comes just twenty-four hours after authorities reportedly disputed claims that the politician was unwell.

The failure to produce the accused led to a heated legal standoff, with the prosecution requesting a virtual hearing while the defense raised alarms over Besigye’s deteriorating health and the legality of proceeding via Zoom

“I have perused the letter by the registrar and listened to the submissions of both the state and defense lawyers,” Justice Baguma said.

“It is not in dispute that one of the accused has health concerns. Both parties agree that trial cannot proceed in the absence of the accused, and court agrees with this position.” he added.

The judge adjourned the matter to February 24, 2026, at 11am, giving time for the accused to appear physically.

“At this stage, I haven’t seen a suggestion that his health concerns can’t be handled in Luzira. We shall see when he comes after those three weeks,” he ruled.

The ruling followed sharp exchanges between the defence and prosecution over whether proceedings could lawfully continue via Zoom.

Defence lawyer Erias Lukwago objected to the request, arguing that it was not sufficiently justified and that not all the accused were ill.

“With due respect, it’s not sufficient to explain the circumstances warranting a Zoom hearing,” Lukwago said.

“It’s not the duty of the registrar to produce prisoners in court, and we can’t proceed on Zoom because not all the three accused are sick.”he added.

Lukwago added that if Dr Besigye could not be transported or stand in court, then the trial could not proceed, urging court instead to order his transfer to a medical facility of his choice.

“It’s true Dr Besigye is seriously sick. Even under incarceration, he is entitled to the services of his personal physician,” he said.

Another defence lawyer Fredrick Mpanga also opposed the Zoom proposal, noting that the registrar’s letter did not disclose the nature of the illness. “We don’t know whether he can see, hear, or is out of his mental faculty for his lawyers to assess whether he can stand trial,” Mpanga said, insisting that the illness of one accused could not dispense with the physical presence of the others.

Court also heard Besigye was unable to move from his cell even to the prison conference hall used for virtual court sessions.

Chief State Attorney Richard Birivumbuka said the prosecution sympathised with Besigye’s condition but supported a Zoom appearance to confirm his health status.

“It’s not our wish to try a sick person,” Birivumbuka said, citing provisions allowing audiovisual hearings on health grounds, and adding that the state had made partial disclosure to the defence.

The adjournment comes against the backdrop of earlier proceedings in which Besigye, Hajji Obeid Lutale and Capt Denis Oola Oyaa declined to plead to amended treason charges, prompting court to enter not-guilty pleas on their behalf. The trio remains on remand as the case awaits further hearing.