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Home Politics

Lawyers Walk Out of Court in Protest Over Absence of Lead Counsel in Besigye Treason Case

Insight Post Uganda by Insight Post Uganda
May 23, 2025
in Politics
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Lawyers Walk Out of Court in Protest Over Absence of Lead Counsel in Besigye Treason Case

The accused before court

A dramatic standoff unfolded at the Nakawa Chief Magistrate’s Court on Thursday as lawyers representing jailed opposition figure Dr. Kizza Besigye and his co-accused walked out in protest, citing lack of instructions to proceed in the absence of their lead counsel, Martha Karua.

The legal team, led by Erias Lukwago and including Captain Denis Oola’s counsel, Obeid Lutale, and lawyer Eron Kiiza, told the court they were only authorized to apply for mandatory bail.

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The accused; Besigye, Lutale, and Captain Oola have now spent more than six months on remand without trial.

The walkout came after a production warrant unexpectedly summoned the lawyers to appear in court, despite proceedings having previously been adjourned to May 29.

Lukwago argued that no new application or official communication had been served to them, leaving them unprepared to handle any new developments.

The case, which has now seen three different judicial officers since February, was on Thursday presided over by Chief Magistrate Christine Nantege.

The defence requested that the matter be referred to the High Court, alleging prosecutorial misconduct and attempts to sideline Karua, who was reportedly in Uganda and present in court the day prior but unable to participate due to scheduling issues.

Dr. Besigye himself objected to proceeding without Karua, describing her as essential to the case.

Following his remarks, Lukwago requested to withdraw from the session, a move followed by other defence lawyers and a large contingent of Besigye’s supporters and relatives.

Despite this, Magistrate Nantege urged Besigye to listen to the prosecution’s submissions before raising objections.

State Attorney Richard Birivimbuka subsequently told the court he intended only to amend the charges to correct typographical errors.

However, Nantege declined to proceed without the defence team and adjourned the case to May 29.

In a rare reversal of roles, journalists briefed the boycotting lawyers outside the courtroom about the proceedings that unfolded in their absence.

Lukwago later accused court security of harassment and intimidation, claiming that defence lawyers were denied proper access to their clients, and that supporters, including Kamira Abdul and Umaru Katongole, were abducted by plainclothes operatives and whisked away in a “drone” vehicle.

He urged the magistrate to assert control over her courtroom and safeguard it from state interference.

Eron Kiiza added that the Magistrate lacked legal authority to preside over proceedings where fair hearing rights had been compromised, again pushing for referral to the High Court.

He emphasized that several defence lawyers missed the session due to inadequate notice, and accused state operatives of continuing to intimidate attendees in court.

Captain Simon Busagwa Nsubuga, representing Oola, echoed concerns over inadequate preparation, noting he had expected a bail hearing, not a substantive session.

Prosecutor Birivumbuka dismissed the defence’s arguments as “an abuse of court procedure” and argued that Karua’s absence was not a valid reason to delay the case or involve the High Court.

He claimed the defence was using delay tactics and condemned supporters for chanting threats against him and his family.

Tensions continue to mount as Besigye and Lutale await a decision on their second bail application, filed in April after the first was denied by Justice Rosette Kania.

The High Court has yet to hear the new request, which emphasizes their willingness to comply with bail conditions and cites their established residences in Kasangati and Ssabagabo, respectively.

The accused face charges of treason and misprision of treason. The state alleges they sought weapons, logistics, and funding from foreign cities — including Geneva, Athens, Nairobi, and Kampala — to overthrow the Ugandan government.

The court is scheduled to reconvene on May 29, 2025.

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