Opposition stalwart Dr Kizza Besigye has asked the High Court to allow him to personally raise concerns in his treason proceedings, prompting debate over the extent of a represented accused person’s right to speak in open court.
The four-time presidential contender, who is jointly charged with Hajji Obeid Lutale, told Justice Emmanuel Baguma that he had a matter of concern that he wished to present before the court could proceed with the plea taking.
“A very good morning, my Lord. I wish to raise a matter of concern before we proceed with this business,” Dr Besigye said after being recognised by the presiding judge. Justice Baguma responded by reminding the accused that he was represented by counsel, including senior lawyers Martha Karua, Frederick Mpanga, and Ernest Kalibbala, among others. “We must follow the procedure,” the judge said. “Since you are represented, you cannot simply put off your lawyers.”
But Dr. Besigye insisted: “I put off my representatives 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…” Before he could continue, Justice Baguma asked him to pause and later ruled that his legal team of 10 advocates should first capture and present his concerns formally.
“I have listened to you, and I am saying the 10 lawyers representing, 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 court,” the judge ruled.
Senior Counsel Karua then intervened, noting that the court had given them only a few minutes to consult, and they had not received adequate instructions.
“Our client still wants to raise the concerns by himself, and he believes it is within your powers to hear him,” Karua submitted. Counsel Mpanga added that the size of the defense team made quick consultations difficult. Defense lawyer Ernest Kalibbala argued that an accused person never loses the right to directly speak to the court merely because they have legal representation.
“While it is true we are a team of ten lawyers, the accused retain overall authority to determine any of the matters over which they want to be spoken for by their lawyers,” Mr Kalibbala submitted. “Appointing lawyers or legal representation doesn’t close the mouth of the party. Otherwise, in all cases, all parties would cease to exist in the face of legal representation. There is no law that bars any of the people in the dock from speaking in court by raising or responding to any issues. Our prayer is that you allow Col. Besigye to raise any issues he wishes to.”
After hearing from both the accused and his defense team, Justice Baguma ruled that Dr. Besigye could only raise his concerns in writing. “I have listened to Besigye and his lawyers that he wants to raise his concerns, but on condition that they are raised in writing. I am giving you until Friday and come back here on October 8 for my response,” the judge directed.
The development is the latest in the drawn-out treason proceedings, which stem from allegations that Dr. Besigye and Hajji Lutale conspired to overthrow the government. Both men deny the charges and remain on remand. The case has also been marked by sharp disputes over judicial impartiality.
Earlier this month, Dr. Besigye and Hajji Lutale refused to appear before Justice Baguma for their second bail application, accusing him of bias and insisting that the case should instead be handled by the International Crimes Division of the High Court, where they were first committed. Their lawyers, led by Kampala Lord Mayor Erias Lukwago, argued that Justice Baguma should disqualify himself, citing remarks they said showed prejudice. The judge rejected that application, ruling that the question of recusal had already been disposed of in August.
With the new directive, the court will reconvene on October 8 to hear the written concerns from Dr. Besigye and his legal team, alongside the pending issues in the treason case.
Background to the case
The duo faces a charge of treason together with Capt. Denis Oola from the Uganda Peoples’ Defence Forces (UPDF), to which the state alleges was committed with others still at large between 2023 and November 2024, in various countries, including Switzerland, Kenya, and Uganda, contrived a plot to overthrow the government.