Lawyers under the Uganda Law Society (ULS), yesterday marched to the offices of the Director of Public Prosecutions (DPP), demanding the withdrawal of the misprision of treason charge against former Kampala Lord Mayor Erias Lukwago, which they described as legally untenable and politically motivated. Led by ULS vice president Anthony Asiimwe, the lawyers, dressed in black T-shirts, walked peacefully from the society’s headquarters on Acacia Avenue in Kololo, to the DPP’s offices at Workers House in Kampala.
The protest followed a June 17 petition in which the lawyers challenged the decision to charge Mr Lukwago, a senior advocate and lead defence lawyer for Opposition politician Dr Kizza Besigye. ‘Ever since we sent the letter, we have never received any communication from the Office of the Director of Public Prosecutions. We know he has a bigger role to play,’ Mr Asiimwe said.
Upon arriving at the DPP’s offices, the lawyers found Director of Public Prosecutions Lino Anguzu leaving for another engagement. Mr Anguzu reportedly assured them that their concerns would be addressed during a meeting scheduled for Monday.
In the petition, ULS president Isaac Ssemakadde accused prosecutors of misusing the criminal justice system to target a lawyer performing his professional duties. ‘Pursuant to Section 3(c) of the Uganda Law Society Act, this is to register our strongest protest, condemnation and complaint against the Office of the Director of Public Prosecutions for entertaining, sanctioning or proceeding with the charging of Advocate Erias Lukwago,’ Mr Ssemakadde wrote. He argued that serving court documents and representing clients in court proceedings could not reasonably amount to a treason-related offence.
‘Serving court documents or vigorously defending a client in a high-profile political trial does not, and cannot, constitute treason. This is classic lawfare: the weaponisation of criminal justice institutions to harass, cripple and neutralise the defence team of political opponents,” he stated. Mr Lukwago was arrested on Monday by armed security operatives from his home in Wakaliga, Kampala, and held incommunicado for two days.
On Wednesday, he resurfaced at Kira Police Station before being taken to Makindye Chief Magistrate’s Court, where he was charged with misprision of treason and remanded to Luzira Prison until next week when court is expected to rule on his bail application.
Lukwago is part of the defence team representing Dr Besigye, Mr Obeid Lutale and Capt Denis Oola in an ongoing treason case.
Meanwhile, Lukwago’s wife, Zawedde Lukwago Nalubwama, criticised Chief of Defence Forces Gen Muhoozi Kainerugaba over her husband’s arrest, saying such actions risk taking the country back to an era of fear and repression.
‘If this is Gen Muhoozi’s way of seeking approval from us, it will not work. We have come from far; people are tired,’ she said. ‘We may seem weak because we don’t have guns, but elsewhere people have risen and governments have changed. Uganda needs better governance, ‘ she added. The developments have also prompted Opposition political parties to close ranks in what they described as a collective effort to resist growing impunity, human rights abuses, and disregard for the rule of law.
At a meeting held at the headquarters of the People’s Front for Freedom in Kampala, Opposition leaders condemned Mr Lukwago’s arrest and called for a united response. Uganda Peoples Congress president Jimmy Akena said political leaders could no longer remain silent in the face of injustice. ‘There is a time to be humble and a time not to be humble. This is the time when we have to speak out with one voice,’ Mr Akena said. He added: ‘A colleague heading a political party cannot be picked from his residence under strange circumstances, humiliated and imprisoned. This is not the Uganda we aspired for.’
The National Unity Platform Secretary General, Mr David Lewis Rubongoya, said arbitrary arrests and abductions would continue unless citizens collectively opposed them. ‘This situation will not end unless we rise up. Nobody is safe until all of us are safe,’ Mr Rubongoya said. The Alliance for National Transformation national coordinator, Ms Alice Alaso, warned that the continued disregard for the rule of law posed a threat to the country’s future. ‘We are not going to watch you run down this country. It is the only country that we have. We were born here, and it must be preserved through law and good governance,’ Ms Alaso said.
The arrest and prosecution of Lukwago have triggered criticism from lawyers, Opposition politicians and civil society groups, who argue that the case raises broader concerns about the administration of justice and respect for constitutional rights in Uganda.