The Besigye mobile phone hacking case took a new turn after Nakawa Chief Magistrate Christine Nantege declined to rule on an application for her recusal. The state sought permission to hack into former presidential candidate Dr. Kizza Besigye’s phone. However, Nantege stated that her court had no jurisdiction because the High Court now handles the case.
“This court committed the accused persons to the High Court. Therefore, it cannot decide on any matter after committal,” Magistrate Nantege ruled. She added, “Consequently, this court cannot entertain the recusal request. Criminal proceedings in Case No. 8 of 2025 ended on May 28.”
Dr. Besigye and his co-accused, Obeid Lutale, had earlier asked the magistrate to step aside from hearing the state’s application to access their phone data. Moreover, their lawyer, Erisa Lukwago, lodged a formal complaint with the Judicial Service Commission (JSC). He accused the magistrate of misconduct and serious procedural violations.
Lukwago argued, “The accused reasonably fear you lack the competence to handle this matter.” Furthermore, he stated, “These proceedings are manifestly unconstitutional.” He further explained that once a case moves to the High Court, the lower court completely loses its powers to handle any related applications.
In response, Magistrate Nantege agreed with the argument. She stressed that jurisdiction comes strictly from the law. “Jurisdiction is a creature of statute. Any decision made without it is a nullity. Once a court finds it lacks jurisdiction, it cannot take further action,” she explained.
Chief State Attorney Richard Birivumbuka had previously applied for an order to retrieve data from Besigye and Lutale’s phones. He intended to use that information to strengthen his case at the High Court.
Meanwhile, this legal dispute is part of Capital Criminal Case No. 08 of 2025. Dr. Besigye, Lutale, and UPDF officer Capt Denis Oola are facing serious treason charges.
Notably, authorities committed Besigye and Lutale without their lawyers present. As a result, the two argue this violated their constitutional right to legal representation. They have since petitioned the JSC for urgent action. Additionally, their complaint accuses Magistrate Nantege of failing to compute remand time and allowing courtroom disorder during proceedings.
“The accused were denied legal representation in a capital case. Clearly, this is not only a legal flaw but also a serious violation of the Constitution,” the complaint reads.
The JSC has confirmed receipt of the complaint. However, the investigation into the magistrate’s conduct is still ongoing.
For now, the case fully shifts to the High Court. Judges there will handle the treason charges, and more legal battles are expected in the coming months.
The Besigye mobile phone hacking dispute has become a focal point in the broader case, drawing public attention to questions of judicial conduct, jurisdiction limits, and constitutional rights.
It is important to note that authorities abducted Besigye and Lutale from Nairobi, Kenya, in November 2024. They transported them overnight to Makindye Military Barracks in Kampala. After several days in detention, they were arraigned before the General Court Martial on charges of treachery and illegal possession of two pistols.
Nevertheless, a Supreme Court ruling on January 31, 2025, significantly changed the course of the case. The court declared that military courts could not try civilians. Consequently, it ordered that all civilian cases be transferred to competent ordinary courts with proper jurisdiction.
