KAMPALA, Uganda – High Court has given opposition politician Dr Kizza Besigye and his co-accused Hajji Obeid Lutale Kamulegeyatwo weeks to either appoint lawyers of their choice or accept legal representation from the state’s list of advocates, as preparations for their treason trial continue.
The directive was issued by Justice Emmanuel Baguma during proceedings after the two accused appeared in court without legal representation.
The judge also directed the prosecution to immediately disclose all evidence it intends to rely on during the trial, marking another key step in the case.
During the hearing, Justice Baguma ruled that Besigye and Lutale should decide within two weeks whether they will engage private lawyers or choose advocates from the court’s State Brief register.
According to the court, the accused are entitled to legal representation before the trial proceeds, particularly given the seriousness of the charges they face.
The directive follows previous delays in the case after Besigye insisted he wished to be represented by his preferred lawyers including Elias Lukwago former Lord Mayor of Kampala and Martha Karua.
The court further ordered prosecutors to immediately provide all evidence to the defence.
According to submissions made in court, the prosecution’s case file consists of multiple volumes of documentary evidence.
The disclosure is intended to allow the accused and their legal representatives sufficient time to examine the material and prepare their defence, in line with the constitutional right to a fair hearing.
Dr Besigye and Hajji Obeid Lutale are facing treason charges, one of the most serious offences under Ugandan law.
The case has attracted significant public and political attention because of Besigye’s longstanding role as an opposition leader and four-time presidential candidate.
The prosecution alleges that the accused committed acts amounting to treason. The defence has consistently challenged aspects of the proceedings and maintains that the charges are politically motivated. The state rejects those claims.
The case remains before the High Court, and the allegations have not been tested at trial.
Today’s ruling moves the case closer to trial by addressing two critical issues: legal representation and disclosure of evidence.
Ugandan criminal procedure requires the prosecution to disclose evidence to the defence before trial, enabling accused persons to prepare an adequate defence and safeguarding their right to a fair trial.
The court’s insistence that Besigye and Lutale obtain legal representation also reflects the importance of legal counsel in cases involving capital offences such as treason.
Besigye and Lutale now have 14 days to either appoint lawyers of their own choosing or select advocates from the court’s State Brief register.
Meanwhile, the prosecution is expected to serve the defence with the evidence it intends to rely on during the trial.
Once legal representation is confirmed and disclosure is completed, the High Court will determine the next stage of the proceedings, including scheduling further pre-trial hearings before the substantive hearing begins.
As with all criminal proceedings, Dr Kizza Besigye and Hajji Obeid Lutale are presumed innocent unless and until proven guilty in a court of law.
