Lawyer and former Kampala Lord Mayor Erias Lukwago has withdrawn from representing jailed opposition politician Dr Kizza Besigye and his co-accused Hajji Obeid Lutale in their ongoing court case.
The development was communicated to the High Court in Kampala after Lukwago’s law firm, Lukwago & Co Advocates, formally informed court that he would no longer take part in the defence of the two accused persons.
The notice was presented by a team of lawyers led by Medard Lubega Sseggona, who told court that Lukwago had instructed them to communicate his decision to withdraw from the matter.
Lukwago’s withdrawal comes at a time when the defence team has faced several challenges, with some of the lawyers previously involved in the case unable to participate fully.
The decision has added another twist to the highly followed trial involving Besigye and Lutale, who are facing charges related to alleged offences against the state.
Although reasons for Lukwago’s withdrawal were not fully detailed in court, his continued detention in a separate case had already raised questions about his ability to effectively participate in Besigye’s defence.
Lukwago, who is also a prominent opposition figure and senior lawyer, has been in custody over charges of misprision of treason in a separate matter.
His detention had affected his availability as part of Besigye’s legal team, with concerns raised over whether the accused persons were receiving adequate legal representation.
The High Court recently ruled that Besigye and Lutale still had access to sufficient legal representation despite the absence of some key lawyers, including Lukwago and Kenyan lawyer Martha Karua.
Justice Simon Peter Kinobe dismissed a constitutional challenge filed by Besigye and Lutale over Lukwago’s detention and Karua’s inability to enter Uganda.
The judge ruled that the accused had not demonstrated that the absence of the two lawyers had significantly affected their right to effective legal representation.
The court noted that Besigye and Lutale were represented by a large legal team consisting of about 13 law firms and more than 50 advocates.
Justice Kinobe observed that the law applies equally to everyone, including lawyers who are involved in ongoing court matters.
The court also stated that Lukwago’s detention alone did not automatically amount to a violation of Besigye and Lutale’s rights.
Lukwago & Co Advocates has been among the leading law firms involved in Besigye’s defence, with Lukwago having represented the opposition politician in previous legal battles.
The defence team has also included other prominent lawyers such as David Mpanga, Fredrick Mpanga, Alex Luganda, Kato Tumusiime, Kakuru Tumusiime and Bayani Turinawe.
The lawyers had also sought to involve Martha Karua, a respected Kenyan lawyer, in the defence proceedings.
However, Karua was denied entry into Uganda, a decision that became part of a constitutional challenge brought before court by Besigye and Lutale.
Justice Kinobe declined to rule on whether immigration authorities acted lawfully in preventing Karua from entering Uganda, saying the matter should be addressed through a judicial review process.
The judge further noted that existing rules on virtual hearings and electronic filing could allow Karua to participate remotely if approved by the trial court.
The latest development follows previous disruptions involving members of Besigye’s legal team, including lawyer Eron Kiiza, who was arrested and convicted of contempt of court before later being released on bail.
Lawyers’ organisations have previously expressed concern over the treatment of some members of the defence team, particularly those involved in cases involving opposition figures.
Despite the changes and challenges facing the defence, Besigye and Lutale continue to contest the charges against them, maintaining their innocence.
Lukwago’s exit from the case now leaves the remaining lawyers to reorganise their strategy as the trial continues, with the proceedings remaining one of Uganda’s most closely watched political cases.
