By Joseph Kiggundu
The defence of jailed opposition politician Dr Kizza Besigye and his co-accused Hajji Obeid Lutale has suffered another setback after Lukwago & Co Advocates notified the High Court in Kampala that Erias Lukwago had withdrawn from the case.
The decision was communicated to court on Tuesday by a team of lawyers led by Medard Lubega Sseggona, who informed the court that Lukwago had instructed them to formally notify it that he would no longer participate in the defence of Besigye and Lutale.
Lukwago’s withdrawal comes as the defence team continues to operate under difficult circumstances, with several lawyers previously associated with the case either unavailable or unable to participate directly in the proceedings.
The latest development follows an August 11 High Court ruling in which Justice Simon Peter Kinobe dismissed a constitutional challenge by Besigye and Lutale over the detention of Lukwago and the exclusion of Kenyan lawyer Martha Karua from Uganda.
The judge held that the two accused had not demonstrated that the absence of Lukwago and Karua had substantially impaired their right to effective legal representation.
The court noted that Besigye and Lutale had about 13 law firms comprising more than 50 advocates representing them.
Lukwago, a lawyer and former Kampala Lord Mayor, has been in custody on charges of misprision of treason in a separate case. His detention had already raised concerns about his ability to continue representing Besigye and Lutale.
The High Court previously observed that Lukwago’s detention, by itself, did not establish a violation of Besigye and Lutale’s right to legal representation, noting that the law applies equally to all persons, including lawyers involved in ongoing litigation.
Lukwago & Co Advocates has been among the prominent firms representing Besigye and Lutale. Sseggona has also been a longstanding member of Besigye’s legal team, having represented the opposition politician in several previous cases.
The defence team has previously included lawyers such as David Mpanga, Fredrick Mpanga, Alex Luganda, Kato Tumusiime, Kakuru Tumusiime and Bayani Turinawe, among others.
The team also sought the involvement of prominent Kenyan lawyer Martha Karua, who was expected to play a leading role in Besigye’s defence. Karua was previously denied entry into Uganda, a decision that became part of the constitutional challenge filed by Besigye and Lutale.
Justice Kinobe declined to determine whether immigration authorities acted lawfully in blocking Karua’s entry, saying that such a challenge should be pursued through judicial review.
He also noted that the rules on electronic filing and virtual proceedings could allow Karua to participate remotely if the trial court permitted it.
The latest changes come against the backdrop of earlier disruptions involving other lawyers. Eron Kiiza, another prominent member of Besigye’s legal team, was arrested and convicted of contempt of court in January 2025 before being released on bail after spending nearly three months in Kitalya Prison.
Lawyers’ organisations have previously raised concerns over the treatment of members of Besigye’s defence team, citing the arrests and detention of lawyers involved in the case.
Despite the disruptions, the defence continues to challenge the charges against Besigye and Lutale, who are accused of involvement in activities allegedly aimed at overthrowing the government.
The accused have denied the allegations and remain presumed innocent until proven guilty by a competent court.
Lukwago’s withdrawal now leaves the remaining members of the defence team to reorganise their representation as the case proceeds, adding a new layer of uncertainty to an already closely watched trial.