Lead

KAMPALA — Ugandan opposition leader Kizza Besigye and his co-accused, Obeid Lutale, have accused the High Court Criminal Division of violating their constitutional right to a fair hearing in ongoing treason proceedings. In a letter dated 1 July 2026, addressed to Justice Emmanuel Baguma, the two argued that court directions on their bail application and the court's handling of their legal representation had compromised their rights. The accusations come as the court has dismissed multiple applications from the defence, clearing the way for a trial scheduled to begin on July 13, 2026.

Coverage Comparison

Reports differ on the focus and tone of the proceedings. While some accounts emphasize the court's rulings—dismissing a bail application and an application to terminate treason proceedings—others highlight Besigye's personal allegations of being brought to court under duress and the absence of his preferred legal team.

Africa News reported that Besigye refused to accept state-approved lawyers for his treason trial after his chosen advocates were arrested or barred from the country. The same outlet noted that his main lawyer, Erias Lukwago, was arrested and jailed, while another lead lawyer, Martha Karua, was deported. In a separate report, Africa News covered the High Court's dismissal of an application by Besigye and Lutale to terminate treason proceedings, quoting the court as ruling that the application lacked merit and was intended to delay the trial.

AllAfrica's coverage focused on the human rights dimension, with reports that Besigye and Lutale filed an application seeking a declaration that their constitutional rights were violated by Karua's deportation. The application, filed under the Human Rights (Enforcement) Act, names Chief of Defence Forces Gen. Muhoozi Kainerugaba as the first respondent. Another AllAfrica report detailed Besigye's appearance in court in handcuffs without his lawyers, where he claimed he had been brought under duress. The same report quoted prosecutors as urging the judge to proceed, citing the repeated absence of defence lawyers as a delay tactic.

Key Claims

  • Besigye and Lutale filed an application seeking a declaration that their constitutional rights were violated by the deportation of their lead lawyer, Martha Karua, as reported by AllAfrica.
  • The High Court dismissed a bail application filed by Besigye and Lutale, with Justice Baguma ruling that the applicants had declined to proceed with the hearing, according to AllAfrica.
  • The High Court dismissed an application by Besigye and Lutale to terminate treason proceedings, ruling that it lacked merit and was intended to delay the trial, as reported by Africa News.
  • Besigye refused to accept state-approved lawyers for his treason trial after his chosen advocates were arrested or barred from the country, according to Africa News.
  • Besigye and Lutale accused the High Court of violating their constitutional right to a fair hearing, arguing that court directions on the bail application were unfair, as reported by AllAfrica.
  • Besigye claimed he was brought to court under duress and appeared in handcuffs without his lawyers, according to AllAfrica.
  • Prosecution argued that the repeated absence of defence lawyers was delaying the trial, as reported by AllAfrica.
  • Besigye accused the State of undermining his right to a fair trial by allegedly intimidating members of his legal team, as reported by AllAfrica.

Perspectives

Defence

Besigye and his co-accused argue that the deportation of Martha Karua, the arrest of Erias Lukwago, and other actions against their legal team amount to a campaign to obstruct their defence. They assert that their constitutional rights, including the right to legal representation of their choice and a fair hearing, have been violated. They also claim that court directions have accelerated proceedings unfairly, leaving them unable to respond adequately while in custody, and that they fear for their safety given the alleged state intimidation.

Prosecution

Prosecutors, led by Chief State Attorney Richard Birivumbuka, contend that the absence of specific defence lawyers should not halt proceedings, as the accused are represented by a team of 13 law firms comprising dozens of advocates. They argue that the defence's repeated absence is a delay tactic and have urged the court to proceed with the trial. The prosecution denies allegations of rights violations, with the respondents—including Gen. Muhoozi Kainerugaba and the Attorney General—denying all allegations in the defence's applications.

Court

Justice Emmanuel Baguma has ruled that the applicants were given an opportunity to pursue their bail application but declined to do so, and that insisting on specific counsel amounted to an abuse of court process. He dismissed the application to terminate treason proceedings as incompetent and intended to delay the trial. The court has also directed Besigye to confine his submissions to the issues at hand, and has set the trial to begin on July 13, 2026.