The Ugandan government has petitioned the Nakawa Chief Magistrate’s Court for permission to access and extract electronic data from phones belonging to jailed Opposition leader Dr Kizza Besigye and two of his associates.
In an application filed last week, the State is seeking legal backing to hack into the devices of Dr Besigye, his political aide Hajj Obeid Lutale, and Capt Denis Oola, arguing that the data contained within could be instrumental in building a treason case against them.
The request is backed by an affidavit sworn by Detective Inspector of Police (D/IP) Benedict Odyek, who claims to be among the officers investigating the high-profile case.
According to Odyek, the Uganda Police Force took over the probe on February 11, 2025, after the case was transferred from the General Court Martial.
“The Uganda Police took over the investigations of the case on the 11th of February 2025, and I was one of the officers assigned to investigate the case. As part of the investigations, we received several items as exhibits, including the electronic devices listed,” reads part of Odyek’s affidavit dated March 5.
He further asserts that preliminary investigations suggest the confiscated phones and other electronic devices may have been used in the commission of the alleged offenses.
“The preliminary investigations indicate that the devices listed above may contain data and information that is relevant and useful in determining Nakawa Criminal Court Case Number A0008/2025,” the affidavit states.
Odyek insists that forensically accessing, extracting, and analyzing the electronic data from these devices is crucial to determining their evidential value.
“It is in the interest of justice to preserve and retain the data obtained for use as evidence until the final disposal of the Nakawa criminal court case,” he added.
The court is expected to convene on Friday to hear arguments before ruling on whether the State can proceed with hacking and retrieving data from Dr Besigye’s phone and those of his co-accused.
Hacking and Digital Surveillance Concerns
The State’s move to access Dr Besigye’s phone has raised concerns over digital surveillance, privacy, and political persecution.
While law enforcement agencies argue that accessing these electronic devices is necessary for prosecution, opposition figures and human rights activists warn that such actions could set a dangerous precedent for suppressing dissent.
Dr Besigye, a long-time political rival of President Yoweri Museveni, was arrested on November 16, 2024, in Nairobi, Kenya, before being extradited to Uganda and charged with treason.
His arrest and subsequent detention have drawn national and international attention, particularly after Uganda’s Supreme Court ruled on January 31, 2025, that trying civilians in military courts is unconstitutional—a decision that should have led to his release.
According to the charge sheet, Dr Besigye and his co-accused allegedly engaged in activities aimed at overthrowing the government between 2023 and November 2024.
The State claims they attended meetings in Geneva, Athens, Nairobi, and Kampala to advance their plot and organized logistical and military training for Ugandan citizens in Kisumu, Kenya.
Despite the serious charges, the attempt to hack Dr Besigye’s phone could spark a broader debate on the State’s surveillance tactics and the implications for political opposition in Uganda.
Observers are keenly watching the court’s decision on whether the State will be allowed to proceed with accessing the electronic data of one of Uganda’s most prominent opposition figures.
