Uganda’s High Court has ruled that the treason trial of veteran opposition leader Dr Kizza Besigye and his two co-accused will continue, even if they do not have their preferred lawyers present.
The court directed that the accused persons be allowed to choose advocates from the State Brief scheme, and warned that lawyers could be assigned to represent them if they decline to select counsel.
Justice Emmanuel Baguma issued the ruling after Dr Besigye, Hajj Obeid Lutale and Capt Denis Oola objected to the continuation of proceedings without their chosen legal representatives.
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The three are facing treason charges over allegations that they attempted to overthrow the Ugandan government through activities including seeking financial support, obtaining weapons and organising paramilitary operations. Prosecutors allege that some of the meetings linked to the plot took place in Kampala, Nairobi, Geneva and Athens.
At the beginning of the hearing, Assistant Director of Public Prosecutions Thomas Jatiko told court that the prosecution was ready to proceed, saying its witnesses had already arrived despite the absence of the defence lawyers.
Dr Besigye, however, told the court that he had been brought from Luzira Prison against his will and had refused to take part in the proceedings because he had been denied access to lawyers of his choice.
He argued that proceeding without his preferred advocates, including Kampala Lord Mayor Erias Lukwago and Kenyan lawyer Martha Karua, violated his constitutional right to a fair hearing.
Besigye told court that Lukwago had allegedly been tortured and that images of the incident had circulated online, while Karua had been deported back to Kenya, leaving the accused without their selected legal team.
When Justice Baguma asked whether the accused had been formally denied the right to choose their lawyers, Besigye said the issue was already before the High Court in a separate application.
He further claimed that although prison authorities had previously been ordered to allow his lawyers access to him at Luzira Prison, they had never been permitted to jointly examine the evidence with him.
Besigye also complained that certified copies of proceedings from both the treason case and the related legal representation application had not been provided despite earlier requests.
The opposition figure also attempted to raise concerns about recent comments by President Yoweri Museveni, who he said had accused him of delaying justice by rejecting what the President referred to as “community justice” or indigenous justice systems.
Justice Baguma declined to consider the matter, saying the President’s remarks were unrelated to the issues before the court.
Besigye further told court that a letter he wrote from Luzira Prison outlining his concerns had not reached the judiciary because it had allegedly been withheld by prison authorities.
Assistant Superintendent of Prisons Emmanuel Hiire told court he was not certain whether the letter had been cleared for delivery.
Meanwhile, Capt Denis Oola also challenged the continuation of the trial, saying he only learnt at about 9:00am on Monday that the hearing had been scheduled.
He said the short notice prevented him from consulting his lawyers and preparing adequately for the proceedings.
Oola also told court that despite an earlier order, he had not received a copy of a previous ruling and lacked sufficient facilities in prison to review the evidence submitted by prosecutors.
Chief State Attorney Richard Birivumbuka opposed the objections, arguing that the accused had effectively withdrawn instructions from their lawyers and could no longer use the absence of those lawyers as a reason to delay the case.
He asked the court to appoint lawyers through the State Brief scheme, warning that further delays could affect the prosecution’s case because witnesses could become unavailable.
Birivumbuka also argued that the Office of the Director of Public Prosecutions was not involved in the separate application concerning legal representation, adding that the High Court remained independent in handling the matter.
In his ruling, Justice Baguma acknowledged that the Constitution guarantees every accused person the right to a fair hearing and legal representation.
However, he ruled that the pending application on legal representation could not stop the treason trial because it had not been allocated to his court.
The judge noted that although prosecution evidence had previously been disclosed in the presence of defence lawyers, the accused persons themselves had not received copies of the materials.
He ordered the prosecution to immediately provide all disclosure documents to the accused before they are returned to prison.
Justice Baguma also directed the registrar of the Criminal Division to issue certified copies of the court proceedings by Tuesday, July 14, and ordered prison authorities to comply with previous court directives allowing the accused adequate facilities to prepare their defence.
The judge further ordered that Capt Oola be given a copy of the earlier ruling he had not received.
The registrar was instructed to provide the accused with a list of advocates available under the State Brief scheme by Tuesday, allowing them to select lawyers.
However, Justice Baguma ruled that if the accused refuse to choose from the list, the court would appoint lawyers on their behalf to ensure the trial moves forward.
The case has been adjourned to Wednesday, July 15, 2026, at 11:00am.
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