Retired Col Dr Kizza Besigye and his co-accused, Obeid Lutale, have objected to a state application seeking to conceal the identities of prosecution witnesses and limit disclosure of evidence in their ongoing treason case. Besigye, Lutale and Uganda People’s Defence Forces (UPDF) Captain Denis Oola are accused of plotting to overthrow the government through meetings allegedly held in cities including Geneva and Nairobi. The case is before the High court presided over by justice Emmanuel Baguma. The prosecution, led by assistant director of public prosecutions Thomas Jatiko and chief state attorney Richard Birivumbuka, applied to conceal the identities of six witnesses, citing security concerns. However, in separate affidavits, Besigye and Lutale opposed the request, arguing that it undermines their constitutional right to a fair hearing. “As the accused charged with a criminal offence, we enjoy the right to a fair, speedy and public hearing before an independent, competent and impartial court,” Besigye stated, adding that such rights cannot be limited even in capital cases. He argued that concealing witness identities would amount to a “trial by ambush” and hinder their ability to effectively challenge evidence through cross-examination. Besigye also recounted his arrest, alleging that he was unlawfully abducted from Nairobi on November 16, 2024, where he had travelled for a book launch hosted by his lead counsel, Martha Karua. He said he was later detained incommunicado at Makindye Military Barracks without access to lawyers or family. The accused further claim that the prosecution has disobeyed earlier court orders directing full disclosure of evidence, arguing that limiting access to evidence would prejudice their defence. They contend that no credible threat has been presented to justify witness protection measures. Court proceedings were briefly disrupted when state prosecutors failed to appear at the scheduled time, prompting defence lawyers to seek dismissal of the application. Senior counsel Martha Karua argued that the prosecution appeared unwilling to pursue its case, while lawyer Hanifa Namakula, representing Oola, also sought dismissal for want of prosecution. Lawyers Erias Lukwago and Fred Mpanga similarly criticised the prosecution’s absence, describing it as a lack of seriousness. Justice Baguma, however, granted the prosecution a final opportunity to proceed, warning that failure to do so would lead to dismissal of the application. When prosecutors later appeared, Jatiko apologised for the delay, attributing it to the late filing of a defence response and the need to prepare a rejoinder. The defence rejected the explanation, with lawyer, Bayan Turinawe urging the court to consider sanctions, including awarding costs. In his ruling, justice Baguma held that the court was not functus officio and could proceed with the application. While criticising the prosecution for failing to notify the court in advance, he accepted the apology and declined to award costs, noting that the application had already delayed the main case. The judge ruled that proceedings on the application were complete and directed that hearing dates be harmonised. The court also allowed the three accused persons to cross-examine chief state attorney Joseph Kyomuhendo, who swore the affidavit supporting the application to conceal witnesses. Cross-examination is scheduled for April 24, 2026, when the case will resume at 11:00 am. The prosecution alleges that the accused held meetings in Geneva, Athens, Nairobi and Kampala to solicit funds, acquire weapons and organise paramilitary operations aimed at overthrowing the government. According to the state, Besigye allegedly received $5,000 from a foreign contact to facilitate transport of Ugandan recruits to Kenya for military training, but the recruits were intercepted before the training began. Prosecutors further claim the accused sought weapons, including surface-to-air missiles, and planned to use advanced technology in the alleged plot. They say they have audio, video and documentary evidence linking the accused to the charges.The post Besigye, co-accused oppose state bid to conceal prosecution witnesses in treason case appeared first on The Observer.