Lukwago detention sparks legal alarm

The detention of former Kampala Lord Mayor Erias Lukwago-best known as the lawyer representing Opposition leader Dr Kizza Besigye, and his aide Obeid Lutale Kamulegeya-has ignited widespread alarm across Uganda’s political and legal landscape.

Mr Lukwago is widely known as a leading Opposition politician. He is also a senior advocate, who has played a prominent role in defending Opposition leaders. He is also the interim president of an Opposition party, the People’s Front for Freedom (PFF).

He was arrested under circumstances that legal experts have described as an abduction and later remanded to Luzira prison. His case has quickly become a flashpoint, raising concerns that extend far beyond partisan politics.

Unsurprisingly, Mr Lukwago’s detention has raised questions about whether lawyers handling contentious political cases can operate freely without fear of interference. Legal analysts argue that Mr Lukwago’s detention carries profound implications for the right to legal representation in politically-sensitive cases.

As Dr Besigye’s lawyer, Mr Lukwago has long been at the forefront of defending Opposition figures against State actions. His arrest sends a chilling signal: if prominent lawyers themselves can be targeted, others may be discouraged from offering defence to individuals facing politically-charged prosecutions. This, experts warn, undermines the principle of fair trial and weakens the Judiciary’s independence.

Ms Sarah Bireete, a lawyer, human rights defender, and political activist who serves as Executive Director of the Center for Constitutional Governance (CCG), warned that Mr Lukwago’s detention reflects a deeper crisis.

‘I think the bigger problem is the total breakdown of rule of law in Uganda,’ Ms Bireete told Weekly Politics.

Ms Bireete noted that the country is only one month into a new political term, yet the constitutional obligations of the presidency are already being undermined. She emphasised that the oath of office requires the President to protect the Constitution and the laws of Uganda. In addition, Article 99 of the Constitution explicitly ties the exercise of Executive authority to safeguarding the Constitution and upholding the law.

Mr Lukwago was on Wednesday charged with misprision of treason, becoming the latest suspect in a case that has already seen Opposition politician, Dr Besigye and his aide, Mr Lutale remanded on treason-related charges. Mr Lukwago was arraigned before the Makindye Chief Magistrate’s Court after spending two days in incommunicado detention.

This followed his arrest by armed men at his home in Wakaliga, Rubaga Division, Kampala, as he attempted to serve the Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba, with court papers in connection with the Dr Besigye treason case.

Curious timing

The arrest comes amid a stalemate in the treason and national security case involving Dr Besigye and Mr Lutale, in which Mr Lukwago serves as lead defence counsel.

Recently, the defence team-including Lukwago and Kenyan senior counsel Martha Karua-boycotted an evidence review session at Luzira Upper Prison, citing access restrictions. The accused persons themselves have also refused to physically attend court proceedings.

Two Thursdays ago, Justice Emmanuel Baguma gave Gen Muhoozi seven days to respond to a petition filed by Dr Besigye and Mr Lutale over alleged social media threats. Mr Lukwago confirmed last Friday that the Attorney General had been served, but Gen Muhoozi, Col Peter Ahimbisibwe, and Lt Col Ephraim Byaruhanga were yet to be served.

The timing of Mr Lukwago’s arrest and subsequent remand has fuelled speculation that it may be linked to the ongoing legal proceedings or signal an impending escalation in the case. For many observers, the move raises questions about whether the State is using criminal charges to intimidate defence counsel and restrict access to justice in politically-sensitive trials.

Ms Bireete said the pattern of abductions and torture carried out by military forces is not only unlawful but also signals a loss of legitimacy by President Museveni and his administration. Such actions, she argued, erode public trust in State institutions and weaken the very foundations of constitutional governance.

Her remarks underscore the growing concern among legal experts and civil society leaders that Uganda’s democratic framework is under severe strain. The detention of Opposition figures and their lawyers, she warned, risks normalising impunity and silencing dissent, ultimately threatening the rights of all citizens.

Mr Job Kiija, the associate director at Innovations for Democratic Engagement and Action (IDEA), described the abduction and subsequent charging of Mr Lukwago with misprision of treason as a direct strike against the constitutional right to legal representation.

‘Under Article 28 of the Ugandan Constitution, every accused person has the right to a fair hearing, which fundamentally includes choosing their own advocate,’ Mr Kiija said.

By targeting Mr Lukwago-lead counsel for Opposition figures such as Dr Besigye-the State, Mr Kiija argued, is dismantling the parity of esteem required in a court of law. The implication that defending an Opposition figure could expose a lawyer to personal criminal liability creates a chilling effect across the legal fraternity.

Mr Kiija pointed out that Mr Lukwago was held incommunicado beyond the constitutional 48-hour window, even as the CDF, Gen Muhoozi, publicly admitted to ‘basement’ detentions. The IDEA associate director called this a blatant violation of constitutional guarantees against arbitrary arrest and torture.

He stressed that this incident is part of a growing trend of institutional lawlessness over the past decade, where enforced disappearances and unauthorised State actors are used to resolve political disputes.

Implications

The experts have emphasised that the issue should not be reduced to a partisan dispute. Instead, they frame it as a fundamental challenge to constitutional protections and the rights of all Ugandans.

The right to legal counsel is enshrined in both national and international law, and its compromise threatens the integrity of the justice system. Mr Lukwago’s detention, therefore, is not just about one man’s fate but about the trajectory of Uganda’s democratic institutions.

The symbolism of Luzira prison adds weight to the incident. Known for holding high-profile political detainees, Luzira has become a stark reminder of the State’s power in politically-sensitive cases. For many Ugandans, the image of Kampala’s immediate past Lord Mayor-who also serves as Dr Besigye’s lawyer-behind bars represents a broader erosion of legal safeguards and civic freedoms.

The incident has already sparked debate about whether the country is sliding further into authoritarian practices, where political opponents and their defenders face intimidation and detention.

As the controversy deepens, Mr Lukwago’s case has become a rallying point for lawyers, activists, and ordinary citizens who fear that the erosion of legal protections could have lasting consequences. Whether his detention will mark a turning point in Uganda’s political landscape remains uncertain, but the alarm it has triggered is unmistakable.

Mr Kiija criticised President Museveni’s failure to act against abuses within the security apparatus, particularly those linked to his son.

‘If indeed the President is serious about his self-declared mandate of a ‘term of no more sleep and no more corruption,’ he must begin by addressing the blatant abuse of power within the security forces,’ Mr Kiija said, noting that this inaction breaches the oath Museveni swore on May 12.

Mr Kiija further highlighted the erosion of public trust caused by arbitrary detentions, the use of unmarked ‘drone’ vehicles, and Lukwago’s retroactive inclusion on a charge sheet for a case he had defended for nearly two years.

He argued that the timing-coming only after Lukwago attempted to serve Gen Muhoozi with High Court summons-strips the prosecution of credibility and confirms the Judiciary’s weaponisation for political containment.

He warned that such impunity fuels lawlessness and vigilante justice, citing the brutal killing of national rugby player Sydney Gongodyo as a tragic example of citizens replicating State lawlessness on the streets.

‘If the law cannot protect a former Lord Mayor and senior officer of the court, it cannot protect anyone,’ he offered.

For Mr Kiija, Mr Lukwago’s case sets a dangerous precedent: moving State crackdowns from Opposition politicians to their defence attorneys narrows the legal space for peaceful contestation, criminalises dissent, and threatens the very fabric of multi-party democracy in Uganda.

A bad look

Mr Timothy Chemonges, a lawyer and human rights defender, said the manner of Mr Lukwago’s arrest raises the gravest concerns. Images and videos showed heavily armed security personnel surrounding his home, with some officers scaling walls-scenes many Ugandans associated more with an abduction than a lawful arrest. Given Mr Lukwago’s public profile and the fact that he posed no immediate security threat, Mr Chemonges argued that authorities could have simply issued a summons or conducted a routine police arrest.

‘When the State deploys excessive force or dramatic tactics in such circumstances, it creates the impression of intimidation rather than law enforcement,’ Mr Chemonges noted.

That perception, he warned, undermines respect for due process, weakens confidence in security agencies, and raises serious questions about the protection of constitutional rights.

The development has prompted debate within legal circles about the extent to which advocates can effectively discharge their professional duties when representing clients involved in politically charged disputes.

Some members of the legal fraternity argue that any action perceived as targeting lawyers risks creating uncertainty among practitioners who take on sensitive cases. Others say the incident highlights the need for stronger safeguards to ensure legal representation remains independent and free from undue pressure.

Mr Chemonges stressed that incidents perceived as arbitrary arrests or detentions can significantly erode public confidence in the rule of law. Citizens expect State institutions to exercise power fairly, transparently, and within the limits of the law.

‘When security agencies use methods that appear excessive-especially against prominent Opposition figures-many begin to question whether the law is being applied equally or selectively. Over time, this weakens trust in the police, the courts, and other democratic institutions, making it harder for citizens to view them as impartial guardians of justice rather than political actors,’ he said.

He further emphasised that Mr Lukwago’s case sets an important precedent as Uganda moves closer to future elections. The treatment of Opposition leaders and the lawyers who represent them sends a powerful signal to political actors, civil society, and ordinary citizens.

If arrests and detentions are perceived as tools to intimidate critics or restrict dissent, many may become more cautious about participating in politics, activism, or even providing legal representation in sensitive cases.

Mr Chemonges warned that such a climate shrinks democratic space and weakens civic engagement at precisely the moment when Uganda most needs open political competition and strong protection of constitutional freedoms.

Low confidence

The Forum for Democratic Change (FDC) party president, Mr Patrick Oboi Amuriat, said the erosion of the rule of law and justice is now the most pressing concern for Ugandans.

‘There is abuse of the law and no respect for human rights in the case of Lukwago and others. This will negatively affect democracy,’ Mr Amuriat told Weekly Politics.

The FDC president argued that while there is an attempt to dispense justice, the manner in which it is being carried out is not in accordance with the law. As a result, citizens have lost confidence in the Judiciary, believing it serves the interests of those in power rather than the people.

He warned that advocates are increasingly being treated as though they are the accused, facing harassment and intimidation simply for representing high-profile individuals.

‘This undermines the legal profession,’ he said.

He noted that Mr Lukwago’s case took a troubling twist. Initially, many believed he was being harassed because he served as lead counsel to Dr Besigye. However, the court later charged him with a separate case, which Mr Amuriat described as an attempt to criminalise Mr Lukwago as an advocate.

‘We believe these charges were brought in bad faith. We are waiting to see what kind of evidence the State will present in court,’ he added.

Legal experts note that Uganda’s Constitution guarantees the right to personal liberty and protection from unlawful detention. According to them, transparency regarding arrests and detentions is critical to ensuring public trust in the justice system and preventing perceptions of abuse of power.

Political analysts say incidents involving high-profile figures often become a test of a country’s commitment to democratic governance. They argue that actions taken against Opposition leaders and lawyers are closely scrutinised by the public, civil society organisations, and the international community.

Transition question

Mr Amuriat predicted that more advocates are likely to be arrested, creating fear among the population and discouraging citizens from speaking out about their rights. He linked this climate of intimidation to succession politics, suggesting that the actions are preparing the ground for Gen Muhoozi to replace President Museveni.

‘Gen Muhoozi has already condemned Lukwago. Many political players who are outspoken are being threatened, and more leaders are likely to be jailed as a way to silence them,’ he warned.

The one-time presidential candidate further observed that several prominent political leaders, including Dr Besigye, have been forced into silence under the current environment of repression.

For Mr Amuriat, the Lukwago case is emblematic of a broader strategy to shrink democratic space, intimidate opposition, and weaken the independence of the legal profession.

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