Court declines Lukwago’s request to travel abroad for treatment

Former Kampala Lord Mayor and People’s Front for Freedom (PFF) president Erias Lukwago has been committed to the High court for trial on a charge of misprision of treason after the Director of Public Prosecutions (DPP) concluded investigations into the case.

Makindye chief magistrate Sarah Basemera committed Lukwago to the High court on Thursday after the prosecution presented committal papers approved by the DPP, bringing proceedings before the Magistrate’s court to an end.

Before the committal, Lukwago’s lawyer, Medard Lubega Ssegona, applied for permission to allow his client to travel to Fortis Memorial Research Institute Hospital in India for specialised treatment under prison guard, with his wife accompanying him at their own expense.

In the alternative, the defence asked the court to direct prison authorities to replace Lukwago’s specialised electrically powered medical pillow, which they alleged had been dismantled by prison officials, and to ensure he is kept in a well-ventilated environment.

Addressing the court, Lukwago said his health had deteriorated while on remand. He told the court that specialists at Mulago National Referral Hospital had recommended surgery and that prison medical staff were only monitoring his condition.

He said he now depends on sedatives to sleep and appealed to the State to facilitate his treatment so that he could adequately prepare for trial.

State attorney Judith Nyamwiza opposed the applications, arguing that once committal papers had been filed, the Magistrate’s court no longer had jurisdiction to determine such requests and that the defence should instead seek relief before the High court.

Chief magistrate Basemera agreed, ruling that the filing of the indictment effectively ended the jurisdiction of the Magistrate’s court.

“This court has no powers at the moment. I am alive to his medical needs, but this can only be managed by the High court in a bail application already filed by his lawyers,” Basemera ruled.

On the dispute over Lukwago’s medical pillow, the magistrate said prison authorities had raised security concerns after allegedly discovering a recording device inside it. She advised Lukwago’s lawyers and family to engage the Uganda Prisons Service and explain how the device operates.

However, Ssegona dismissed the allegation, insisting the pillow contained no recording equipment and challenged prison authorities to produce the alleged device. He argued that if prison officials had dismantled the medical equipment without justification, they should replace it.

Lukwago, who remains on remand, did not enter a plea because treason-related offences can only be tried by the High court. A hearing date will be fixed by the High court.

According to an indictment signed by assistant DPP Thomas Jatiko, Lukwago is accused of failing to report information relating to an alleged plot to overthrow the Government of Uganda between 2021 and November 2024.

The prosecution alleges that, as president of PFF, Lukwago knew that opposition figures, including Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda, allegedly intended to commit treason but neither informed the authorities nor took reasonable steps to prevent the alleged offences.

The charge is brought under Section 25 of the Penal Code Act, which criminalises the failure to promptly report knowledge of intended treason to the relevant authorities.

According to the prosecution, investigations began after Andrew Wilson, described as the proprietor of a private security company dealing in firearms, investigations and tactical training, allegedly alerted Uganda’s military intelligence that he had been approached by Switzerland-based Ugandan Joel Wakhaima to source weapons, military equipment and training for a group allegedly planning to overthrow the government through armed rebellion.

Prosecutors allege that Wilson subsequently worked as an undercover operative under the supervision of military intelligence, secretly recording meetings and conversations with individuals allegedly linked to the plot.

Court documents indicate that Wilson later attended meetings in Brussels, Geneva and Nairobi involving several opposition politicians and activists.

The prosecution alleges that Lukwago attended one of the meetings in Brussels, where discussions centred on recruiting Wilson as a military and security adviser for the alleged plot, but failed to report the information to the authorities.

The prosecution further alleges that Lukwago knew about plans to recruit and train supporters in intelligence gathering, surveillance, drone operations and paramilitary tactics, including an alleged training programme in Kisumu, Kenya, which prosecutors say was facilitated with $5,000 provided by Wilson.

According to the indictment, Lukwago also knew of a November 2024 meeting in Nairobi where discussions allegedly included acquiring surface-to-air missiles, drones and other weapons, as well as plans to assassinate President Yoweri Museveni and trigger civil disobedience, but deliberately failed to disclose the information.

The DPP says it intends to rely on covert audio and video recordings, forensic examinations of electronic devices, WhatsApp communications, immigration records, travel histories and other documentary evidence during the trial.

The case is closely linked to the substantive treason case against Besigye and Lutale, who were arrested in Nairobi in November 2024.

Their case was transferred from the General Court Martial to the civilian courts following the Supreme Court’s decision in Attorney General v Michael Kabaziguruka and Others, and they have since been committed to the High court for trial.

Lukwago will remain on remand pending the scheduling of his trial before the High Court. Meanwhile, Besigye and Lutale are expected to return to the High court on July 29, 2026, when proceedings in their substantive treason case are due to resume.

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