Dr. Kiza Besigye and his co-accused, Hajj Obeid Lutale, have drawn a firm line in the sand, telling the High Court that they will not accept any lawyers they did not personally appoint to represent them.
The two detainees, who have spent more than a year on remand at Luzira Prison, insist that forcing alternative advocates onto them would violate their constitutional right to a fair hearing and undermine the integrity of their defence.
In a strongly worded protest letter addressed to court from Luzira Prison, Besigye and Lutale maintained that their only recognised lawyers remain Senior Counsel Martha Karua of Kenya and Kampala Lord Mayor Erias Lukwago.The declaration has thrown their criminal case into fresh uncertainty, with legal experts warning that unless the dispute over legal representation is resolved, the trial could face further delays while pressure mounts on the government to guarantee a fair trial.
Besigye refuses new legal team
The controversy erupted after a group of lawyers reportedly surfaced in court claiming they had instructions to represent Besigye and Lutale.However, the veteran opposition politician immediately rejected the claim, saying none of the lawyers had been instructed by him.
Instead, Besigye wrote to court insisting that only Karua and Lukwago have his confidence and authority to handle his defence.”My lawyers are Martha Karua and Erias Lukwago. Whoever is being fronted will not be recognised by us,” part of the protest letter states.
Besigye argues that accepting lawyers imposed on him would amount to surrendering one of the most fundamental rights guaranteed under Uganda’s Constitution—the right to legal representation of one’s own choice.According to the former presidential candidate, the State has effectively dismantled his legal team through actions that have left both his lead lawyers unable to represent him.
Legal team dismantled
The defence argues that their legal representation has been crippled after Kenyan Senior Counsel Martha Karua was declared persona non grata and prevented from continuing her legal work in Uganda.At the same time, Erias Lukwago is himself on remand, rendering him unable to freely prepare and coordinate Besigye’s defence.
Besigye and Lutale argue that these developments have made it practically impossible for them to prepare adequately for trial.In their communication to court, they also questioned the timetable for hearing their bail application and challenged the handling of their human rights enforcement application.
They want the court to first resolve the question of legal representation before proceeding with either the bail hearing or the substantive criminal trial.According to the pair, proceeding without resolving these concerns would prejudice their defence and compromise the fairness of the proceedings.
Right to choose lawyers
City lawyer Gideon Tugume says the law is clear that every accused person has the constitutional right to be represented by advocates of their own choosing.According to Tugume, forcing lawyers onto Besigye against his wishes could create serious constitutional questions.
“Just like they did provide for murder suspect Christopher Okello Onyum, the government may be forced to provide him with their lawyers though Besigye has a right to be represented by the lawyers of his choice. Any lawyers given to him by the government is an infringement on his rights,” Tugume said.
He explained that while courts can appoint lawyers in certain situations to ensure proceedings continue, such appointments become problematic where an accused person has already clearly identified his preferred legal team.Tugume argues that the Constitution protects not only the right to legal representation but also the freedom to choose who provides that representation.
Global attention on trial
The legal expert believes Besigye’s case has grown far beyond Uganda’s borders.As one of Uganda’s best-known opposition figures, Tugume says governments, international organisations and human rights groups are closely following every development in the proceedings.
“Besigye being a top figure, the world is closely watching and following his trial. Government is aware that the entire world is seeking fair trial as the law says. Pressure will mount and they will surely be stuck with his case,” Tugume said.
He argues that every decision made by prosecutors and the courts is likely to attract scrutiny, especially where allegations arise that constitutional rights are being undermined.According to Tugume, perceptions about whether Besigye is receiving a fair trial could significantly influence Uganda’s international image.
A deliberate protest
Tugume describes Besigye’s latest letter as more than just a legal filing.
He believes it represents a calculated protest against what the former opposition leader sees as attempts to impose legal representation on him.”The legal expert says Besigye has decided to protest an action seen in his official letter to the court saying he only recognises Martha Karua and Erias Lukwago as his lawyers,” Tugume noted.
The protest effectively places the court in a difficult position.If the court insists on proceeding with lawyers rejected by the accused, it risks future constitutional challenges.If it waits until Besigye’s preferred lawyers become available, the case could face prolonged delays.
Negotiations may be inevitable
With both sides appearing firmly entrenched, Tugume believes negotiations may eventually become unavoidable.”The only possible way to end that case is by the two warring parties going to the round table and start negotiations. They need to talk and end this amicably,” he said.
According to him, continued courtroom battles over legal representation could consume months before the substantive issues in the criminal case are even heard.He believes dialogue between the prosecution and defence could help unlock the current stalemate.Whether such negotiations would involve political actors or remain strictly within legal channels remains unclear.
More than a year on remand
Besigye and his co-accused Hajj Obeid Lutale have now spent more than a year on remand.
Throughout that period, their legal battles have increasingly shifted beyond the charges themselves to broader questions about constitutional rights, due process and access to legal representation.The latest dispute further complicates an already high-profile case that has attracted widespread political and legal attention.
The absence of Karua following her deportation and Lukwago’s continued incarceration has created an unusual situation where the accused insist they are effectively without legal counsel despite the emergence of lawyers claiming to represent them.
What happens next?
The immediate future of the case now largely depends on how the High Court responds to Besigye’s protest.
One possibility is that the court proceeds with lawyers who claim to have instructions, despite Besigye’s objections.Such a move would almost certainly invite constitutional challenges and could become grounds for appeal if convictions were eventually secured.
Another option would be for the court to suspend proceedings until the issue of legal representation is conclusively resolved.That approach, however, would likely prolong a case that has already kept the accused behind bars for more than a year.
There is also the possibility that fresh negotiations could lead to an agreement allowing Besigye’s preferred legal team to resume representation or identify alternative counsel acceptable to both the accused and the court. For now, however, Besigye has made his position unmistakably clear.
He says he will only recognise Martha Karua and Erias Lukwago as his lawyers and considers any attempt to assign him different advocates a violation of his constitutional rights.
As the legal impasse deepens, the High Court faces a delicate balancing act between ensuring that justice is not delayed and safeguarding one of the most fundamental principles of criminal justice—the right of every accused person to choose who stands beside them in court.
Author Profile
- Charles Gazza Kodili is a seasoned journalist with over 20 years of experience in the media industry. He holds a Bachelor of Arts degree in Mass Communication. He’s currently the Chief Editor at the Investigator.
Charles can also be reached via; Tel: +256 774 108978
Email: [email protected]
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