The Uganda Law Society (ULS) has demanded immediate measures to protect the fair trial rights of detained opposition politician Dr Kizza Besigye after he reportedly collapsed in court during proceedings in his treason case, warning that rushing the trial at the expense of basic safeguards could damage public confidence in the Judiciary.
In a strongly worded statement, ULS President Isaac K. Ssemakadde, SC, said the lawyers’ body was deeply concerned by reports of Besigye’s collapse during his appearance before Judge Emmanuel Baguma, arguing that his medical condition, access to independent treatment and ability to participate meaningfully in proceedings must be treated as urgent matters.
Ssemakadde also criticised restrictions introduced by the Judiciary through the Electronic Court Case Management System (ECCMIS), saying the last-minute measures limiting media access, photography, live broadcasting and public scrutiny risk undermining the constitutional principle of open justice.
ULS ALARMED BY COURT DEVELOPMENTS
The ULS president said the events surrounding Besigye’s latest court appearance raised serious concerns about whether the proceedings were being conducted in a manner that fully protects the constitutional rights of the accused.
According to Ssemakadde, Article 28(1) of the Constitution guarantees every person the right to a fair hearing within a reasonable time. However, he cautioned that the constitutional requirement for a timely trial should not be interpreted as a justification for proceedings that disregard other fundamental safeguards.
“While Article 28(1) of the Constitution guarantees every person the right to a fair hearing within a reasonable time, we must caution that haste must not be mistaken for the speediness of justice,” Ssemakadde said.
He argued that moving quickly through a criminal trial without ensuring that the accused is medically fit, properly represented and able to participate effectively could undermine rather than strengthen the justice process.
CONCERNS OVER BESIGYE’S COLLAPSE
The reported collapse of Besigye in court has added a new layer of concern to a case that has already generated significant debate over his detention, legal representation and access to his lawyers.
Ssemakadde said the immediate priority should be ensuring that Besigye receives proper and independent medical attention before proceedings continue.
The ULS is particularly concerned that proceeding with the trial while questions remain about the accused’s physical condition could create doubts over the fairness and integrity of the process.
The lawyers’ body has consequently demanded that the Court take immediate steps to establish Besigye’s medical fitness and ensure that he has access to the necessary care.
For ULS, medical welfare is not separate from fair trial rights. An accused person must be in a position to understand proceedings, communicate with counsel and participate meaningfully in the preparation and presentation of a defence.
FIGHT OVER LEGAL REPRESENTATION
Another major concern raised by the ULS is the continued dispute over Besigye’s legal representation.
Ssemakadde said every accused person, regardless of the seriousness of the allegations against them, is entitled to a fair and public trial, including the right to legal representation of their choice and adequate time and facilities to prepare a defence.
He criticised what he described as the Court proceeding with state-appointed lawyers despite Besigye’s objections while his chosen advocates faced barriers to participating in the case.
The ULS argues that the right to counsel of one’s choice is an essential component of a fair hearing and that any attempt to substitute an accused person’s preferred legal team without addressing genuine concerns surrounding access to counsel risks weakening the defence.
The dispute has become one of the central legal issues surrounding the case, with the Bar maintaining that lawyers must be able to discharge their professional duties without intimidation, restrictions or interference.
ECCMIS RESTRICTIONS SPARK OUTRAGE
The ULS also took issue with what it called the Judiciary’s eleventh-hour restrictions introduced through ECCMIS.
The measures reportedly affect media access, photography and live broadcasting of the proceedings, raising questions about the extent to which the public and media should be allowed to observe a highly sensitive criminal case.
Ssemakadde said such restrictions were imposed unilaterally and without sufficient engagement with the legal profession and the media.
He warned that limiting public access to proceedings risks undermining the principle of open justice, which is intended to ensure that courts operate transparently and remain subject to public scrutiny.
The ULS has therefore called for the restrictions to be lifted and for the Judiciary to engage the Bar and media organisations on balanced guidelines that protect the integrity of proceedings while preserving public access.
ULS WANTS LIVE STREAMING
Rather than restricting access, the lawyers’ body wants the Judiciary to expand the number of people able to follow the case by prioritising live-streaming through official Judiciary platforms and accredited media organisations.
Ssemakadde argued that greater transparency would strengthen public confidence and allow citizens to follow proceedings directly instead of relying on fragmented reports or social media accounts.
He maintained that open justice is a foundational principle of the judicial system and should not be sacrificed in the name of administrative convenience.
The ULS president went further, warning against what he described as the use of ECCMIS to bypass legitimate applications and established court procedures.
PENDING APPLICATIONS MUST BE HEARD
The ULS has also called on the Court to expeditiously hear and determine pending applications filed in connection with Besigye’s case.
These include Miscellaneous Application 269 of 2026, seeking a stay of proceedings, and Miscellaneous Application 248 of 2026, which seeks an inquiry into alleged repression against members of Besigye’s legal team.
Ssemakadde argued that pressing ahead with the trial while such applications remain unresolved risks creating procedural complications and undermining confidence in the eventual outcome.
The ULS wants necessary adjournments granted where required to allow the applications to be properly heard and to ensure that the accused and his legal team have adequate opportunity to pursue available legal remedies.
BAR WARNS OF DAMAGE TO JUDICIARY
The increasingly vocal intervention by the ULS highlights the extent to which the Besigye case has become a test of Uganda’s commitment to fair trial guarantees and judicial independence.Ssemakadde said the Bar would continue monitoring the matter closely and would remain ready to defend the independence of the legal profession and the rule of law.
He also urged the leadership of the Judiciary to listen to growing public criticism surrounding the case before the controversy causes lasting damage to the institution’s credibility.
For the ULS, the central issue is bigger than Besigye himself. The society argues that the constitutional rights at stake apply to every accused person, regardless of political affiliation or the gravity of the allegations against them.
‘JUSTICE HURRIED IS JUSTICE BURIED’
In a powerful conclusion, Ssemakadde warned that the pursuit of speed must not become a substitute for justice.
“Justice delayed is justice buried, but so too is justice hurried,” he said, stressing that a credible judicial process must balance efficiency with fairness.
He also underscored the importance of public scrutiny, declaring: “Publicity is the soul of justice. Without it, justice becomes a ghost. Hiding proceedings from the public eye is the wrong path.”
The statement places the ULS firmly behind the principle that the administration of justice must remain open, transparent and procedurally fair.
As Besigye’s case continues before Justice Emmanuel Baguma, the ULS intervention is likely to intensify scrutiny of how the Judiciary handles the accused’s health, legal representation, pending applications and access to the courtroom.
For Ssemakadde and the Bar, the immediate challenge is to ensure that the pursuit of a speedy trial does not come at the cost of the very fair hearing guarantees that give the judicial process its legitimacy.
Ssemakadde statement verbatim
The Uganda Law Society (ULS) is deeply concerned by reports of Dr. Kizza Besigye’s collapse in court yesterday during his treason trial before Judge Emmanuel Baguma.
We are equally alarmed by the Judiciary’s issuance of restrictive guidelines via the Electronic Court Case Management System (ECCMIS) at the eleventh hour. These measures impose severe limitations on media access, photography, live broadcasting, and public scrutiny, effectively undermining the constitutional guarantee of a public hearing.
While Article 28(1) of the Constitution guarantees every person the right to a fair hearing within a reasonable time, we must caution that haste must not be mistaken for the speediness of justice. Rushing proceedings at the expense of fundamental safeguards — such as proper legal representation, medical fitness of the accused, and transparency — does not serve justice; it undermines it.
We reaffirm that every accused person, regardless of the charges, is entitled to a fair and public trial under Article 28. This includes the right to legal representation of their own choice, adequate time and facilities to prepare a defence, and open justice through transparent proceedings.
Imposing opaque and unilateral publicity restrictions, *proceeding with state-appointed counsel against the accused’s express objections* (while his chosen advocates face documented barriers), and sidestepping pending Miscellaneous Applications — including MA 269 of 2026 for stay of proceedings and MA 248 of 2026 inquiring into the repression of his legal team — seriously erodes the integrity of the judicial process and public confidence in the administration of justice.
We therefore strongly demand that the Court:
- Immediately ensure Dr. Besigye receives proper and independent medical care;
- Lift the unilateral publicity restrictions and engage the Bar and media on balanced guidelines;
- Prioritise live-streaming of the proceedings through Judiciary portals and accredited media to uphold the principle of open justice;
- Cease the abuse of ECCMIS to bypass legitimate applications and puncture established procedure;
- Expeditiously hear and determine Miscellaneous Application 269 of 2026 (stay of proceedings) and MA 248 of 2026 (inquiry into alleged repression against defence counsel), and grant necessary adjournments to safeguard due process.
The Bar will continue to monitor this matter closely and stands ready to defend the independence of the legal profession and the rule of law. We urge the Judiciary leadership to heed growing public outrage over this case before irreversible damage is done to the institution’s credibility.
Justice delayed is justice buried, but so too is justice hurried. Publicity is the soul of justice. Without it, justice becomes a ghost. Hiding proceedings from the public eye is the wrong path.
Isaac K. Ssemakadde, SC_
President, Uganda Law Society
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- 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.
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