The High Court has directed the government to provide legal representation to opposition figure Kizza Besigye and his co-accused, Obeid Lutale, after concerns emerged over their inability to consistently access lawyers of their choice.
The order was issued by Justice Baguma during proceedings in the Criminal Division of the High Court, where the judge said the issue of legal representation had to be resolved before the trial could proceed.
Besigye and his co-accused Hajj Obeid Lutale together with Captain Denis Oola, appeared before Justice Emmanuel Baguma on Monday as their treason trial commenced.
During court proceedings, Besigye told court that he was brought from Luzira Prison to court under duress, insisting that he had refused to participate in the proceedings because he had been denied access to his lawyers of choice.
Justice Baguma noted that both accused persons had been represented by privately chosen lawyers since the start of the case, in line with Article 28(3)(d) of the Constitution. However, he said repeated complaints that they were struggling to access their legal team required the court’s intervention.
“The accused persons have been represented by lawyers of their choice from the time this case commenced,” Justice Baguma said.
He added that because the court had continued to receive concerns about the accused facing challenges in securing legal representation, it was necessary to invoke Article 28(3)(e) of the Constitution, which guarantees legal representation at the State’s expense for persons charged with offences punishable by death or life imprisonment.
Justice Baguma consequently ordered the Registrar of the High Court’s Criminal Division to appoint a lawyer to represent both Besigye and Lutale at government expense.
The ruling clears a key procedural hurdle in the case, with the court seeking to ensure the constitutional right to a fair hearing before substantive proceedings continue.
Besigye and his co-accused, Hajj Obeid Lutale, are facing treason charges following their arrest in Kenya in November 2024. Prosecutors allege that the two plotted to overthrow the Ugandan government.
Their lead lawyer, Martha Karua, was recently denied entry into Uganda, while another lawyer, Erias Lukwago was added to their file, arrested and remanded to Luzira Prison, making it difficult for them to access legal representation.
