Lukwago's Arrest Jeopardizes Besigye's Treason Trial, Lawyers Warn

The arrest of Erias Lukwago, former Lord Mayor of Kampala and a lawyer for jailed opposition leader Dr. Kizza Besigye, has ignited concerns about the integrity of Besigye’s treason trial. Lukwago’s legal team argues that such actions, including the arrests of other lawyers involved in the case, create a climate of fear and undermine the constitutional right to a fair hearing.

Eron Kiiza, one of Dr. Besigye’s lawyers, described Lukwago’s detention as part of a disturbing pattern targeting the defence. “It has a chilling effect on all of us, and we are now watching our backs since all of us are rumoured to be arrested,” Kiiza stated, noting that he himself and another lawyer, Geoffrey Iduli, had previously faced similar detentions.

The defence team also criticized the Judiciary for its silence amidst these arrests, particularly as Lukwago was reportedly carrying out court-ordered duties at the time of his apprehension. “Counsel Lukwago is an officer of the court who was serving judicial documents when he was arrested,” Kiiza emphasized, calling on the Judiciary to defend its independence.

Lukwago’s arrest occurred shortly after a High Court judge directed Dr. Besigye’s lawyers to serve court documents on the Chief of Defence Forces, Gen. Muhoozi Kainerugaba. Besigye’s application accuses Gen. Kainerugaba of issuing death threats and making prejudicial public statements against him.

Despite the challenges, Dr. Besigye’s lawyers are resolute in their commitment to serve the documents, exploring alternative legal means if necessary. The Uganda Law Society (ULS) has strongly condemned Lukwago’s arrest, labeling it an “attack on the administration of justice” and a violation of the right to legal representation, asserting that the military has no authority to arrest lawyers involved in civilian court proceedings.

The core of Besigye’s application involves alleged threats and prejudiced statements made by Gen. Kainerugaba via social media, which Besigye argues violate his constitutional rights and compromise the fairness of his trial. The case also questions the legality of Besigye’s alleged arrest and transfer from Kenya to Uganda without formal extradition.