The legal team representing jailed opposition politician Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, has suffered another setback after Lukwago & Co Advocates informed the High Court in Kampala that Erias Lukwago had withdrawn from the case.
The development was brought to the court’s attention on Tuesday by a team of lawyers led by Medard Lubega Sseggona. The lawyers told court that Lukwago had instructed the firm to formally communicate his decision to discontinue his participation in the defence of Besigye and Lutale.
Lukwago’s decision comes at a time when the defence team is already facing several challenges, with some lawyers previously involved in the case either unavailable or unable to take part directly in the proceedings.
The withdrawal follows an August 11 ruling by High Court Judge Simon Peter Kinobe, who rejected a constitutional petition filed by Besigye and Lutale concerning Lukwago’s detention and the exclusion of Kenyan lawyer Martha Karua from Uganda.
Justice Kinobe ruled that the two accused had failed to demonstrate that the absence of Lukwago and Karua had significantly affected their constitutional right to effective legal representation.
The court pointed out that Besigye and Lutale were represented by approximately 13 law firms, with more than 50 lawyers involved in their defence.
Lukwago, a lawyer and former Kampala Lord Mayor, is currently facing a separate case involving charges of misprision of treason. His continued detention had previously raised questions about whether he would be able to maintain his role in Besigye and Lutale’s defence.
In an earlier observation, the High Court held that Lukwago’s detention alone did not amount to a breach of the accused persons’ right to legal representation. The court stressed that the law applies equally to everyone, including lawyers who are parties to ongoing legal proceedings.
Lukwago & Co Advocates has been one of the prominent law firms representing Besigye and Lutale. Sseggona is also a veteran member of Besigye’s legal team and has represented the opposition politician in a number of previous legal battles.
Other lawyers who have featured in the defence include David Mpanga, Fredrick Mpanga, Alex Luganda, Kato Tumusiime, Kakuru Tumusiime and Bayani Turinawe, among others.
The defence had also attempted to bring on board renowned Kenyan lawyer Martha Karua, who was expected to take a significant role in Besigye’s case. However, Karua was denied entry into Uganda, prompting Besigye and Lutale to challenge the decision before court.
Justice Kinobe declined to rule on whether immigration officials acted legally when they prevented Karua from entering the country. He said the legality of that decision should instead be challenged through judicial review proceedings.
The judge further observed that Uganda’s electronic filing and virtual court procedures could potentially allow Karua to participate in the proceedings remotely, subject to permission from the trial court.
The latest development follows earlier disruptions involving members of Besigye’s legal team. Prominent defence lawyer Eron Kiiza was arrested in January 2025 and later convicted of contempt of court. He spent nearly three months at Kitalya Prison before being released on bail.
Lawyers’ associations have previously expressed concern over the treatment of members of Besigye’s defence team, particularly following the arrests and detention of lawyers involved in his cases.
Despite the difficulties facing the legal team, the defence has continued to contest the charges against Besigye and Lutale. The two opposition figures are accused of involvement in activities allegedly intended to overthrow the government.
Both men have denied the allegations and remain presumed innocent unless and until a competent court determines otherwise.
Lukwago’s departure therefore adds another complication to an already closely watched case, leaving the remaining lawyers to reorganise the defence team as proceedings continue.
