Former Kampala Lord Mayor and veteran opposition lawyer Erias Lukwago was on Wednesday brought before Makindye Chief Magistrate’s Court after days of uncertainty surrounding his whereabouts following his dramatic arrest by armed security personnel, as the Uganda Law Society (ULS) threatened to paralyse the country’s justice system with an immediate nationwide lawyers’ strike if the charges against him are not withdrawn.
The high-profile court appearance marked Lukwago’s first public appearance since heavily armed security operatives raided his home and whisked him away in what critics described as an enforced disappearance.
When he was finally escorted into court under tight security, many of those in attendance were stunned by his appearance. The once energetic lawyer looked visibly frail and significantly thinner. His head had been completely shaved, a sharp contrast to his familiar appearance, fueling fresh concerns over the conditions under which he had been held during the days he remained in military custody without access to lawyers or family members.
Prosecutors formally charged Lukwago with misprision of treason, accusing him of allegedly concealing information relating to an alleged treason plot. He was jointly charged alongside detained opposition leader Dr. Kizza Besigye, Frank Kihehere, Joel Wakayima, Hajji Obeid Lutale Kamulegeya and several other suspects.
The charge of misprision of treason alleges that an individual knew about plans to commit treason but failed to report them to authorities.The charges immediately sparked outrage among members of the legal fraternity, opposition politicians and civil society activists, many of whom have questioned both the legality of Lukwago’s arrest and the circumstances surrounding his detention.
ULS THREATENS NATIONWIDE STRIKE
Within hours of the court proceedings, Uganda Law Society President Isaac Ssemakadde issued one of the strongest statements yet from the legal profession, warning that lawyers across the country are prepared to down their tools unless the Director of Public Prosecutions drops the charges against Lukwago. Ssemakadde said he had formally notified the Chief Justice of the planned industrial action.
“The Uganda Law Society has notified the Chief Justice that advocates throughout Uganda shall commence an industrial strike immediately should the Director of Public Prosecutions fail to withdraw these politically motivated charges against our colleague Erias Lukwago,” Ssemakadde declared.
He argued that the prosecution of Lukwago represented more than an attack on one individual.”This is not merely about Erias Lukwago. It is about the survival of the legal profession, the independence of advocates and the constitutional right of every Ugandan to legal representation without fear of intimidation or persecution.”
The ULS president warned that criminalising lawyers for representing unpopular clients would have devastating consequences for Uganda’s justice system.
“When lawyers are arrested because of the clients they defend, the rule of law itself is placed on trial. Today it is Lukwago; tomorrow it could be any advocate who chooses to stand for constitutional rights.”
Ssemakadde insisted that the legal fraternity would not remain silent while one of its senior members faced what he described as politically motivated prosecution.
“We shall not legitimise the weaponisation of criminal justice against officers of the court. The legal profession has a duty to defend its own independence.”
QUESTIONS OVER DETENTION
Lukwago’s appearance before court has done little to calm public concern over what happened during the days he remained incommunicado.His dramatically altered appearance quickly became the subject of discussion both inside and outside the courtroom. Supporters noted that he appeared exhausted, weak and emotionally drained.
His shaved head also attracted widespread attention, with many questioning why the veteran lawyer’s appearance had changed so drastically during his detention.
For several days after his arrest, lawyers repeatedly complained that they had been denied access to their client while his family members also expressed concern over not knowing exactly where he was being held.Human rights organisations have previously criticised prolonged incommunicado detention, arguing that it increases the risk of abuse and violates constitutional safeguards protecting suspects.
CHARGES LINKED TO BESIGYE CASE
Lukwago’s prosecution is particularly significant because he has served as one of the principal lawyers representing opposition figure Dr. Kizza Besigye in several politically sensitive cases over the years.
His latest arrest has therefore generated concerns among legal observers that defence lawyers may increasingly become targets because of the clients they represent.Alongside Besigye and the other accused persons, Lukwago now faces allegations connected to an alleged treason investigation.
The prosecution did not immediately disclose detailed particulars of the evidence supporting the misprision of treason charge during the initial court appearance.Legal experts note that misprision of treason differs from treason itself, as prosecutors must demonstrate that the accused knowingly failed to disclose information about an alleged treasonous plan.
GROWING CRITICISM
The case has intensified debate over the relationship between Uganda’s security agencies and the legal profession.
Several lawyers have argued that the arrest sends a chilling message to advocates involved in politically sensitive litigation. Others warned that fear among defence lawyers could undermine every accused person’s constitutional right to legal representation.
Opposition leaders also condemned the prosecution, insisting that legal practitioners should never face criminal sanctions for carrying out their professional duties.
Civil society organisations have similarly called for greater transparency regarding Lukwago’s arrest, detention and treatment while in state custody.
JUSTICE SYSTEM UNDER PRESSURE
The threatened industrial action by the Uganda Law Society now places Uganda’s justice system under immense pressure.If advocates withdraw their services nationwide, court proceedings across the country could grind to a halt, affecting criminal prosecutions, civil disputes, commercial litigation and constitutional petitions.
Such a strike would likely leave thousands of litigants unable to secure legal representation while delaying hearings in courts already burdened by significant case backlogs.Ssemakadde said the legal profession had reached a defining moment. “Our obligation as advocates is to defend justice without fear or favour. We cannot continue to participate in a system where lawyers themselves become targets simply because they represent citizens in politically sensitive matters.”
He added that the legal fraternity would closely monitor the actions of the Director of Public Prosecutions before determining whether the industrial action becomes necessary.
As Lukwago begins his legal battle against the misprision of treason charge, attention has now shifted to whether prosecutors will proceed with the case or heed the mounting calls for the charges to be withdrawn.For now, the veteran lawyer’s dramatic return to court has not only revived questions about his own detention but has also triggered what could become one of the biggest confrontations between Uganda’s legal profession and the state in recent years.
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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