Besigye wants legal representation matter resolved before trial
"Once the issue of legal representation is resolved, then we shall have disclosure of evidence, and we prepare for trial," Besigye stated.
Four-time presidential candidate Dr Kizza Besigye speaking during court session today (July 13). (Photos by Maria Wamala)
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Four-time presidential candidate Dr Kizza Besigye has asked the High Court to first resolve the issue of his legal representation before his trial can commence in a case where he is accused of treason and misprision of treason.
Besigye made the appeal today (July 13) when he appeared before Justice Emmanuel Baguma following the deportation of his Kenyan lead lawyer, Martha Karua, who was declared persona non grata by the Government of Uganda. It also follows the arrest of his other lawyer, Erias Lukwago, who is on remand at Luzira prison on charges of misprision of treason.
Dr. Kizza Besigye, Hajji Obeid Lutale, and UPDF Captain Denis Oola in the dock at high court in Kampala.
"Once the issue of legal representation is resolved, then we shall have disclosure of evidence, and we prepare for trial," Besigye stated. His other lawyers boycotted the court proceedings for the second time after the deportation of Karua and arrest of Lukwago.
A retired colonel, Besigye is jointly charged with his co-accused, Haji Obeid Lutale, and Capt Denish Oola, a Uganda People's Defence Forces officer attached to the armoured brigade.
Last Thursday, Justice Baguma dismissed an application by Besigye and Lutale, seeking to nullify and terminate criminal proceedings against them over alleged violation of their constitutional rights.
In a ruling delivered on Wednesday, Justice Baguma held that the application lacked merit and amounted to an abuse of court processes intended to delay the trial.
The judge directed that the trial in Criminal Session Case number 335 of 2025 should commence on July 13, 2026, without any further delay. However, Besigye said they have since filed a notice of appeal in the matter.
They argued that they were unlawfully abducted from Kenya by Ugandan security operatives, detained incommunicado at Makindye Military Barracks, denied access to lawyers and medical personnel, and held beyond the constitutional 48-hour detention limit.
Besigye also alleged that the Chief of Defence Forces (Kainerugaba) made public statements threatening him and portraying him as a criminal.
However, the Attorney General, representing all the respondents, denied the allegations, maintaining that the applicants were neither abducted by Ugandan security agencies nor subjected to unlawful treatment.
The State further argued that the charges against the duo were based on evidence and were neither malicious nor unlawful.
Justice Baguma ruled that the applicants had failed to present credible evidence to support the allegations of torture and other human rights violations.
“The affidavit evidence adduced by the applicants lacks credibility. The allegations are speculative and unsupported by cogent evidence,” the judge ruled.
The court further observed that the applicants had not raised complaints of human rights violations when they first appeared before the Nakawa Chief Magistrate’s Court, during committal proceedings, at plea taking before the High Court, or in several earlier applications they filed.
According to the judge, the application was only filed after the court directed the prosecution to begin presenting its witnesses, suggesting it was intended to frustrate the commencement of the trial.
Justice Baguma also relied on the recent Constitutional Court decision in the case of Faruku Muhammad and others versus the Attorney General, which held that alleged violation of an accused person’s rights does not automatically justify terminating criminal proceedings where other remedies for enforcing those rights exist.
He said individuals alleging torture or other constitutional violations should pursue remedies such as constitutional petitions, judicial review or other legal avenues, rather than seeking to halt criminal trials.
“The allegations of violation of human rights and freedoms cannot lead to nullification or termination of a criminal trial where other parties’ rights also require protection,” he ruled.
The judge emphasised that both accused persons and victims are entitled to a fair hearing and that courts must balance the rights of all parties while ensuring justice is not delayed.
He, therefore, dismissed the application and ordered that the trial proceeds on July 13.
Justice Baguma also directed the Deputy Registrar of the Criminal Division to issue production warrants for Besigye and Lutale and ordered Luzira Prison authorities to continue granting their lawyers access to prepare for the hearing.
Background
Besigye, Lutale, and Oola are facing treason charges before the High Court’s Criminal Division.
The prosecution alleges that between 2023 and November 2024, while in Uganda, Kenya, Greece and Switzerland, the two and others still at large plotted to overthrow the Ugandan government by force. Prosecutors allege that they held meetings, mobilised logistical support and solicited military, financial and other assistance in furtherance of the alleged plot.
The duo was arrested in November 2024 and initially arraigned before the General Court Martial.
However, following the Supreme Court decision barring the trial of civilians in military courts, the case was transferred to the civilian justice system and is now before the High Court.