By Kabuye Ronald
The High Court has directed the Judiciary’s Criminal Division to provide state-funded lawyers to veteran opposition politician Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, before their treason trial can proceed.
Justice Emmanuel Baguma issued the directive on Monday after the two accused objected to the commencement of the hearing, arguing that they could not adequately defend themselves without legal representation.
Invoking Article 28(3)(e) of the Constitution, Justice Baguma ruled that because treason carries a possible sentence of death or life imprisonment, the accused are entitled to legal representation at the state’s expense if they do not have counsel.
“The accused persons are entitled to legal representation at the expense of the state in offences punishable by death or life imprisonment,” Justice Baguma said.
The judge ordered the Registrar of the Criminal Division to present Besigye and Lutale with a list of lawyers on the state brief panel from which they can choose legal counsel. He further directed that if they fail to make a selection, the registrar should appoint lawyers on their behalf.
Justice Baguma acknowledged that the case had already experienced significant delays, noting that the accused had remained on remand for an extended period without their trial getting underway.
During the proceedings, Besigye, maintained that he had been brought to court against his will and insisted that the trial should not begin until he and his co-accused had access to their lawyers and prosecution evidence.
“We want the issue of representation resolved. We want the issue of access to disclosures resolved and access with our lawyers. We also want a record of our proceedings in this court. We want to get out of jail but demand a fair trial,” Besigye told the court, adding that he had previously raised the same concerns during an earlier appearance on July 3, 2026.
The development comes after Besigye’s lead lawyer, Martha Karua, was declared persona non grata and deported from Uganda, while another member of his legal team, Erias Lukwago, was arrested and later charged with misprision of treason. Lukwago remains on remand at Luzira Prison.
Earlier, Chief State Attorney Richard Birivumbuka informed the court that investigations into the case had been concluded and that the prosecution was prepared to proceed, with witnesses already present at the court.
However, Assistant Director of Public Prosecutions Thomas Jatiko informed the court that the defence team was absent, reinforcing concerns over the accused persons’ right to legal representation before the trial could begin.
The case will now await the appointment or selection of state-funded lawyers before substantive hearing of the treason charges can commence.
