Former Kampala Lord Mayor Erias Lukwago was yesterday charged with misprision of treason, becoming the latest suspect in a case that has already seen Opposition leader Dr Kizza Besigye and his aide, Mr Obeid Lutale, remanded on treason-related charges.
Mr Lukwago was arraigned before the Makindye Chief Magistrate’s Court after spending two days in incommunicado detention following his arrest by armed men from his home in Wakaliga, Rubaga Division, Kampala as he attempted to go and serve court papers to the Chief of Defence Forces, Gen Muhoozi Kainerugaba, in connection with the Besigye treason case.
A visibly frail Lukwago, who had earlier been handed over to the police and taken to Kiira Police Station, was brought to court shortly after lunch time and charged with one count of misprision of treason. Prosecution alleges that between 2021 and November 2024, in various places including Kampala and Nairobi, Kenya, Mr Lukwago and others still at large, knowing that Joel Wakayima, Frank Kihehere Atukunda, Mr Lutale and Dr Besigye intended to commit treason, failed to report the information to the relevant authorities, including the minister, the Internal Security Organisation (ISO), a magistrate or an officer in charge of a police station.
When the charge was read to him, Mr Lukwago dismissed the allegations. “It is not true. Actually, the people mentioned are my clients. How can I commit the crime when I am their lawyer?” he told court. Misprision of treason is the offence of knowingly concealing information about a planned or committed act of treason and failing to report it to the authorities. Unlike treason itself, which involves direct participation in acts against the State, misprision which is a lesser charge, concerns the failure to disclose knowledge of such acts.
Mr Lukwago has been one of the lead defence lawyers representing Dr Besigye and Mr Lutale, who are facing charges of treason and misprision of treason following their arrest in Nairobi, Kenya in November 2024 and subsequent transfer to Uganda. State Attorney Carol Apia informed court that investigations into the case were still ongoing. Immediately after the charge was read, Mr Lukwago’s lead counsel, Medard Sseggona, applied for his client’s release on bail, citing his deteriorating health and the need for specialised medical care.
“We have instructions to apply for bail,” Mr Sseggona submitted. He told court that Mr Lukwago has a known place of residence in Wakaliga, a family and nearly three decades of legal practice, making him unlikely to abscond. “He is an advocate of this court and has practised law for close to 30 years. He understands the implications of bail and undertakes to appear whenever required by court,” Mr Sseggona said. The lawyer further argued that Mr Lukwago suffers from chronic gastritis, hypertension and respiratory complications that require constant medical supervision, specialised medication and a strict feeding schedule.
He also informed court that his client underwent cervical spinal surgery at Fortis Hospital in Gurugram, India, where a metal implant was inserted, and claimed that the recent arrest and detention had aggravated his condition. “Following the violent arrest and detention, the implant has been affected, leaving him in severe pain and requiring urgent medical attention,” Mr Sseggona submitted. To support the bail application, the defence presented three sureties: Mukono Municipality MP Betty Nambooze, Gulu City Woman MP Betty Aol Ochan and former Buikwe South MP Dr Lulume Bayigga.
However, the prosecution opposed the immediate hearing of the application, arguing that it needed time to verify the medical records and scrutinise the credentials of the proposed sureties. Ms Apia told court that some of the sureties had not attached local council introduction letters and that the medical documents supplied by the defence required verification. “We pray for time to verify the documents of the accused and thereafter respond appropriately to the bail application,” she submitted.
The prosecution initially sought a week’s adjournment, a request that sparked murmurs of disapproval from Mr Lukwago’s supporters who had packed the courtroom. In response, Mr Sseggona urged court to consider his client’s health and, in the event that he was remanded, allow him access to specialised medical care, an orthopaedic mattress, prescribed meals and his personal doctors.
“What the State is doing is inviting the court to conduct an experiment on the accused person,” Mr Sseggona argued.
He proposed that Mr Lukwago be kept under guard at a government medical facility as authorities verify his medical records.
“If the intention is not death, then he can be taken to a government health facility under guard with limited visitation. We do not have a problem with that arrangement,” he submitted. Chief Magistrate Sarah Basemera agreed to grant the prosecution time to verify the documents, but declined to give the full week requested. She remanded Mr Lukwago to Luzira Prison and ordered that he be returned to court on Monday for further directions on his bail application.
What is misprision of treason?
Misprision of treason is a criminal offence that arises when a person knows that another individual has committed, is committing, or intends to commit treason but deliberately fails to report that information to the authorities.
Unlike treason, which involves direct participation in acts aimed at overthrowing or waging war against the government, misprision of treason does not require active involvement in the alleged plot.
Instead, the offence focuses on concealment or silence.
Under Ugandan law, a person can be charged with misprision of treason if they are aware of plans to commit treason and fail to disclose that information to a minister, a magistrate, the administrative officer, or a police officer in charge of a station.
The prosecution is mandated to prove that the accused person had actual knowledge that treason was being planned or had been committed, and also that the accused deliberately failed to report that information to the relevant authorities.
The offence is distinct from being an accomplice or co-conspirator. A person charged with misprision of treason is not accused of participating in the alleged treasonous activities but of withholding information about them.
The charge is relatively rare in Uganda and has only occasionally been invoked in politically sensitive prosecutions involving allegations of threats to national security.
Of life imprisonment
Section 25 of the Penal Code Act that addresses the concealment of treason, provides that: “Any person who knowing that any person intends to commit treason does not give information thereof with all reasonable dispatch to the Minister, an administrative officer, a magistrate or an officer in charge of a police station, or use all reasonable endeavours to prevent the commission of the offence of treason commits the offence of misprision of treason and is liable on conviction to imprisonment for life.”
Misprision of treason attracts up to imprisonment for life, while treason attracts up to death by hanging.
Misprision of treason can be handled by a Chief Magistrate’s Court, while treason is strictly handled by the High Court