High Court proceedings involving jailed opposition politician Rt. Col. Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale, came to a standstill on Thursday after their bail application could not be heard due to the absence of their lawyers. When the matter was called before Justice Emmanuel Baguma, Besigye told the court he had no […]
High Court proceedings involving jailed opposition politician Rt. Col. Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale, came to a standstill on Thursday after their bail application could not be heard due to the absence of their lawyers.
When the matter was called before Justice Emmanuel Baguma, Besigye told the court he had no intention of proceeding unless he was represented by lawyers of his own choosing, specifically Erias Lukwago and Kenyan Senior Counsel Martha Karua.
According to Besigye, he would rather remain behind bars than compromise on his constitutional right to legal representation.
“I would rather remain in prison than proceed without Lukwago and Martha Karua leading my defence,” he told the judge.
Besigye argued that the legal team he assembled had been systematically targeted over the course of his detention, making it increasingly difficult for him to receive a fair hearing.
He cited the imprisonment of advocate Eron Kiiza, the arrest of Lukwago on allegations of misprision of treason, and the detention and subsequent deportation of Martha Karua after she arrived at Entebbe International Airport, where she was also declared persona non grata.
He maintained that these developments had effectively denied him access to lawyers he trusted, adding that he believed the intention was to leave him with no option but to accept legal representation not of his choosing.
Besigye said although he and Lutale were eager to secure their release, they would not sacrifice what they consider a fundamental right to a fair trial.
“If we cannot be represented by lawyers of our own choice, then we are prepared to remain in prison until that issue is resolved,” he submitted.
The opposition leader also questioned the timing of the court’s decision to revive the bail application, noting that it had remained pending for months while the issue of legal representation remained unresolved.
He warned that the challenges surrounding his case reflected broader concerns about the country’s justice system.
“The rule of law is under serious attack. A fair defence is impossible when every avenue available to you is being closed,” Besigye said.
He further told the court that the issues raised in his case should concern every Ugandan.
“What is happening to us today could happen to anyone tomorrow. This is bigger than Besigye or Lutale—it concerns the justice system itself,” he added.
Representing the prosecution, State Attorneys Thomas Jatiko and Richard Birivumbuka argued that the court was legally empowered to dismiss the bail application if the applicants failed to prosecute it and instead proceed to fix the main case for hearing.
Birivumbuka acknowledged that the prosecution was aware of Lukwago’s arrest and prosecution, as well as Martha Karua’s deportation from Uganda. However, he said the Office of the Director of Public Prosecutions had no information linking those actions to Gen. Muhoozi Kainerugaba, as had been alleged by the defence.
In his final remarks, Besigye reiterated that he and his co-accused would not actively participate in proceedings while, in their view, they were being denied their preferred legal counsel.
He told the court that under such circumstances, any trial would fall short of the standards of fairness guaranteed under the law.
