The East African Law Society (EALS) has joined growing regional and international criticism of the arrest, detention, and prosecution of outgoing Kampala Lord Mayor and senior advocate Erias Lukwago, describing the circumstances surrounding his arrest and charging with misprision of treason as a threat to the rule of law and the independence of the legal profession.
In a statement issued on June 19 and signed by its president, Mr Ramadhan Abubakar, the regional Bar association expressed concern over what it termed the arbitrary arrest and prosecution of Mr Lukwago, one of the lead defence lawyers for opposition politician Dr Kizza Besigye and businessman Hajj Obeid Lutale.
The EALS, which brings together national law societies and bar associations from across East Africa, said the manner in which Mr Lukwago was arrested, detained and prosecuted raises concerns that extend beyond his individual case.
‘The manner of his arrest, detention, and continued prosecution raises serious concerns that extend beyond the circumstances of one individual. It also raises fundamental questions relating to the confidentiality of advocate-client relations, access to justice, the right to a fair hearing, independence of the legal profession, and the integrity of constitutional safeguards against the arbitrary exercise of public power,’ the statement reads in part.
The lawyers’ body noted that the charge against Mr Lukwago appears to stem from matters connected to his professional role as legal counsel to Dr Besigye and Hajj Lutale.
‘The confidentiality of advocate-client communications is a cornerstone of the administration of justice. It is not a privilege of the legal profession, but a right of the client and a foundational guarantee of the right to counsel and due process of law,’ the EALS stated.
The regional organisation based in Arusha, Tanzania, warned that exposing lawyers to criminal sanctions or intimidation for actions undertaken in the course of representing their clients undermines the legal profession and weakens public confidence in the justice system.
‘A lawyer’s duty is to uphold the law and ensure that every person receives its protection, regardless of the nature of the allegations or the identity of the client. Where legal practitioners are exposed to sanction or intimidation arising from their professional duties, the independence of the legal profession is compromised, and the right of every person to effective legal representation is diminished,’ the statement added.
Mr Lukwago was arrested on the morning of June 15 from his home in Wakaliga, Rubaga Division, Kampala, by military personnel.
After spending two days in detention without access to family members or lawyers, Mr Lukwago resurfaced at Kira Police Station on June 17, before being transferred to Makindye Chief Magistrate’s Court, where he was formally charged with misprision of treason in connection with the ongoing treason case against Dr Besigye.
The court subsequently remanded him to Luzira Prison until Monday next week, when the State is expected to respond to his bail application and further issue directions.
In its statement, the EALS has called upon the Ugandan government and relevant state institutions to guarantee Mr Lukwago’s constitutional rights throughout the proceedings.
The lawyers urged authorities to ensure that his bail application is handled fairly and expeditiously, provide unrestricted access to legal counsel, family members and medical care, and institute an independent investigation into the circumstances of his arrest, detention and treatment while in custody.
The regional body also called for the protection of advocate-client privilege and the independence of the legal profession in accordance with constitutional, regional, and international legal standards.
‘Refrain from any action that undermines public confidence in the impartial administration of justice and the rule of law,’ the statement said.
The EALS concluded by warning that the treatment of political opponents and their lawyers remains a critical measure of democratic governance.
‘The true test of constitutional democracy is not how a State treats those with whom it agrees, but how it protects those with whom it disagrees. Equally, the true test of the rule of law lies not in ordinary cases, but in moments when power is most tempted to depart from legal restraint,’ the statement noted.