Kizza Besigye and his co accused
HABARI DAILY I Kampala, Uganda I Ugandan opposition leader Dr. Kizza Besigye has been directed by the High Court to obtain state-funded legal representation after prolonged disputes over his defence team stalled the commencement of his treason trial, with the government insisting that the proceedings must move forward despite objections from the accused.
The decision by High Court judge Justice Emmanuel Baguma has reignited debate among legal experts, several of whom argue that the move became necessary only after Besigye’s preferred legal team was effectively dismantled through actions by state authorities, leaving him unwilling to proceed without the lawyers of his choice.
Justice Baguma on Monday invoked Article 28(3)(e) of the Constitution and ordered the court Registrar to provide Besigye and his co-accused, businessman Obeid Lutale, with a list of lawyers on the court’s State Brief criminal panel from which they can select counsel.
“The accused persons have been represented by counsel of their choice since day one. However, due to subsequent concerns arising regarding legal representation, the matter has experienced several adjournments,” Justice Baguma ruled.
He added that if the accused decline to choose lawyers from the list, “the Registrar is ordered to appoint counsel on their behalf.”
The ruling followed repeated delays in commencing the trial, with Besigye insisting that the obstacles had been created by the state rather than the defence.
Addressing court before the ruling, Besigye rejected suggestions that he was deliberately delaying the case.
“Mr. Judge, the absence of our lawyers was occasioned by the state itself, not by ourselves. And it is the state that has progressively abused the process,” he told court.
The veteran opposition politician argued that his constitutional right to a fair hearing had been compromised after members of his preferred defence team became unavailable. His lead lawyer, Erias Lukwago, was previously detained, while Kenyan Senior Counsel Martha Karua was deported by Ugandan authorities when she attempted to participate in his defence.
Legal analysts contend that these developments effectively deprived Besigye of the legal team he had chosen, forcing him to boycott proceedings rather than accept representation under circumstances he considers unfair.
Besigye also maintained that neither he nor his lawyers had been granted adequate access to review the prosecution’s evidence before trial.
“The challenge is legal representation,” he said. “We want to hear the evidence together with our lawyers. We haven’t had the opportunity to do so up to today.”
He revealed that his lawyers had written to court on July 2 requesting access to prosecution disclosures, but the issue had not been resolved.
“Once the question of representation is resolved, we shall have access to the disclosures… and we shall be ready for trial,” Besigye added.
Despite those objections, the government has remained determined to proceed with the prosecution.
The Office of the Director of Public Prosecutions accuses Besigye and Lutale of treason and misprision of treason, alleging that between 2003 and November 2024 they participated in meetings in Uganda, Kenya, Greece and Switzerland aimed at overthrowing the Ugandan government by force.
Prosecutors further allege that the accused plotted to acquire surface-to-air missiles and use drone technology to assassinate President Yoweri Museveni, allegations both men strongly deny.
The case is now before the civilian High Court after the Supreme Court ruled that trying civilians before military courts was unconstitutional, transferring several politically sensitive cases to ordinary courts.
Justice Baguma adjourned the matter to July 15, directing that legal representation be settled so that the long-delayed treason trial can finally commence, reflecting the state’s determination to prosecute the charges despite continuing disputes over the fairness of the proceedings.
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