A letter reportedly submitted to the High Court days before this week’s dramatic proceedings in the treason case against opposition figure Dr Kizza Besigye appears to contradict the basis on which the court insisted that state-appointed lawyers could represent him.
The two-page letter, dated 21 July 2026 and stamped as received by the High Court Criminal Division on 22 July, states that the three advocates appointed under the state’s legal aid scheme had only received instructions to represent Besigye’s co-accused, retired Captain Denis Oola, and not Dr Besigye or Hajji Obeid Lutale Kamulegeya.
If authenticated, the document raises fresh questions about Wednesday’s court proceedings, during which Justice Emmanuel Baguma directed that the trial should proceed with state-appointed lawyers despite repeated objections from the accused.
The developments came shortly before Dr Besigye collapsed in the dock and was rushed to Mulago National Referral Hospital, where he remains under intensive care.
The letter written on the headed paper of Nansubuga, Awelo & Co. Advocates, is addressed to the Deputy Registrar of the High Court Criminal Division and signed by advocate Sarah Awelo on behalf of the legal team.
The lawyers identify themselves as the advocates appointed on state brief Sylvia Bitu Namawejje, Julius Sserwambala and Sarah Awelo
According to the letter, the three lawyers visited Luzira Upper Prison on 21 July to meet the accused persons in Criminal Session Case No. 335 of 2025.
They say prison authorities introduced them to Capt Denis Oola, who informed them that he had requested state-funded legal representation because his own defence lawyers were occupied with proceedings before the General Court Martial.
The advocates state that Capt Oola presented them with a handwritten letter dated 20 July, requesting that Counsel Sylvia Namawejje be appointed to represent him.
The letter further says that when they attempted to engage Dr Besigye, he declined to speak to them after realising they had already met Capt Oola.
Crucially, the lawyers write that:
“We never got any instruction from A1 and A2.”
The document identifies A1 and A2 as Dr Kizza Besigye and Hajji Obeid Lutale Kamulegeya.
The advocates also state that the prison’s Assistant Superintendent, Alfred Lopeyok, informed them that the first and second accused were still pursuing a separate list of advocates and had not yet made a final choice.
They conclude by informing the court:
“We shall represent only A3 on state brief.”
The lawyers further requested disclosure of the indictment and documents relating to Capt Oola only.
The contents of the letter closely mirror the position repeatedly taken by Dr Besigye during Wednesday’s hearing.
The four-time presidential candidate argued that he had never instructed the state-appointed advocates and could not be compelled to accept legal representation from lawyers he had neither chosen nor authorised.
Justice Emmanuel Baguma, however, ruled that the trial could continue, prompting strong objections from Besigye and members of his legal team.
Shortly afterwards, Besigye collapsed inside the courtroom before being rushed to Mulago National Referral Hospital.
Hospital officials later confirmed that he had been admitted to the Intensive Care Unit (ICU), although no detailed medical update has since been released publicly.
If the letter is confirmed as genuine, it could become a significant document in the ongoing legal dispute over Besigye’s right to legal representation.
Under the Constitution, an accused person facing a capital offence is entitled to legal representation and where they cannot afford a lawyer, the state may appoint one.
However, the issue before the High Court has not been whether Besigye is entitled to counsel but whether lawyers who themselves informed the court they lacked instructions to represent him could nonetheless be treated as his advocates.
Legal analysts say the distinction between appointment by the state and acceptance by the accused could become central to any future applications arising from the case.
Besigye is one of President Yoweri Museveni’s longest-serving political rivals, is facing treason charges alongside Hajji Obeid Lutale Kamulegeya and retired Capt Denis Oola.
The prosecution alleges that the accused participated in activities intended to overthrow the government which charges they deny.
The case has attracted intense public and international attention, particularly following earlier legal disputes over the transfer of proceedings from the General Court Martial to the civilian High Court after a landmark Supreme Court ruling limiting the trial of civilians in military courts.
Wednesday’s courtroom drama has further intensified scrutiny of the proceedings, with opposition supporters and human rights organisations questioning whether the accused’s constitutional rights are being fully protected.
Neither the Judiciary nor the Office of the Director of Public Prosecutions had publicly commented on the contents of the letter at the time of publication.
