The High Court session in which Opposition leader Dr Kizza Besigye was expected to enter a plea on treason charges turned dramatic yesterday as he engaged Justice Emmanuel Baguma in a direct exchange, insisting on speaking for himself despite being represented by a team of 10 lawyers.
The fully packed courtroom was tense, with prison warders and anti-riot police monitoring closely as supporters craned their necks to catch a glimpse of the four-time presidential contender.
The case has become a rallying point for his followers, and Dr Besigye’s rare opportunity to address the judge directly drew murmurs across the public gallery.
As proceedings opened, Chief State Attorney Richard Birivumbuka announced the prosecution’s readiness: ‘The accused are in court and the case is for plea taking. We are ready to proceed.’
But Dr Besigye immediately raised his hand.
‘A very good morning, my Lord; I wish to raise a matter of concern before we proceed with this business,’ he said. Justice Baguma looked up from his notes.
‘Good morning. Are you still represented, or are you putting off your lawyers?’ ‘My Lord, I put off my representing until I finish my submission. I will be brief. It is about our presence here. To give it a background, I would like to inform this court that.,’ he added.
Before he could continue, the judge cut in: ‘We must follow the procedure. Since you are represented, you cannot simply disregard your lawyers.’ The standoff lasted several minutes as the court fell silent. Finally, the judge ruled that Dr Besigye’s legal team must handle his concerns. ‘I have listened to you. I am saying the 10 lawyers represent you, unless they put in writing that they are no longer representing you. I am directing that the 10 lawyers get all the concerns and address them to the court,’ Justice Baguma said.
The ruling prompted a flurry of submissions from the defence.
Senior Counsel Martha Karua rose first. ‘The few minutes you have given us are not sufficient to receive instructions. Our client still wants to raise the concerns himself, and he believes it is within your powers to hear him. We cannot cite any law that bars a represented person from speaking in court without dismissing his lawyers. We plead with the court,’ she said. Lawyer Ernest Kalibbala stressed that legal representation does not remove the accused’s personal right to speak.
‘While it is true we are a team of 10 lawyers, the accused retains overall authority to determine any matters he wishes to speak on,’ Mr Kalibbala argued.
‘… No law bars any accused person in the dock from raising or responding to issues in court,’ he added.
The judge softened slightly but set conditions.
‘I have listened to Besigye and his lawyers that he wants to raise his concerns,’ Justice Baguma said. ‘But on condition that they are put in writing. I am giving you until Friday, and you will come back here on October 8 for my response,’ he added. The ruling drew whispers among the packed audience before warders moved Dr Besigye back into custody under tight guard.
The dramatic exchange is the latest turn in the long-running treason case against Dr Besigye and co-accused Obeid Lutale, who are accused of conspiring to overthrow the government. Both men deny the charges.
Earlier this month, they refused to appear before the same judge for their second bail application, accusing him of bias.
Their lawyers, led by Kampala Lord Mayor Erias Lukwago, have consistently sought Justice Baguma’s recusal, a request the judge has rejected.
What next
With the new directive, the court will reconvene on October 8 to consider Dr Besigye’s written concerns, alongside pending issues in the treason proceedings. Until then, the Opposition figure and his co-accused remain on remand.