The Uganda Law Society (ULS) and the Law Society of Kenya (LSK) have strongly condemned the charging of former Kampala Lord Mayor and senior lawyer Erias Lukwago with misprision of treason.
They described the prosecution as an attack on the legal profession and the administration of justice. In separate statements issued yesterday, the two bar associations questioned the circumstances surrounding Mr Lukwago’s arrest and subsequent prosecution, warning that the case could have a chilling effect on lawyers representing clients in politically sensitive cases.
Mr Lukwago, who is one of the lead defence lawyers for Opposition politician Dr Kizza Besigye and his co-accused Obeid Lutale, was yesterday charged with misprision of treason and remanded to Luzira Prison until Monday next week when the state is expected to respond to his bail application. he charge followed his arrest on Monday from his home in Wakaliga, Rubaga Division, Kampala, by armed men dressed in military uniform.
In a strongly-worded letter addressed to the Director of Public Prosecutions (DPP), Lino Anguzu, the president of the Uganda Law Society, Mr Isaac Ssemakadde, condemned the decision to prosecute Mr Lukwago.
“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, a senior member of the Bar and lead counsel for Dr Kizza Besigye and Hajji Obeid Lutale in the ongoing treason trial,’ Mr Ssemakadde wrote.
He argued that Mr Lukwago’s actions as a lawyer could not reasonably form the basis of a treason-related charge. 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 said.
The Uganda Law Society warned that prosecuting advocates for carrying out their professional duties threatens the independence of the legal profession and undermines public confidence in the justice system.
“An attack on one advocate is an attack on the entire Bar and on the rule of law,’ Mr Ssemakadde added. The Society demanded the immediate withdrawal of the charges against Mr Lukwago.
‘The profession demands the immediate and unconditional withdrawal of all charges against Advocate Erias Lukwago, full disclosure of his treatment in detention, and a public undertaking that prosecutors will cease using their offices to advance partisan political objectives,’ the letter reads.
Across the border, the Law Society of Kenya echoed similar concerns, saying the case transcends the personal circumstances of Mr Lukwago and touches on the ability of lawyers to represent clients without fear of intimidation or retaliation.
In a statement signed by its president, Charles Kanjama, the Kenyan Bar Association stressed that advocates must be free to discharge their professional obligations regardless of the nature of the cases they handle.
“The administration of justice depends upon advocates being able to represent their clients fearlessly, particularly in matters that are politically sensitive or attract significant public attention,’ Mr Kanjama said.
The Society noted that the proceedings involving Dr Besigye have attracted regional attention and involve lawyers from across East Africa.
‘The Society is particularly concerned because the proceedings in which Lukwago serves as lead counsel have drawn regional attention and involve legal practitioners from across East Africa. Notably, Senior Counsel Martha Karua, one of Kenya’s most distinguished advocates, is part of the defence team in the same proceedings,’ the statement reads.
It adds, ‘Any development affecting members of that legal team is therefore a matter of legitimate concern to the Kenyan Bar and to the wider legal profession in the region.’
Prosecutors allege that between 2021 and November 2024, Mr Lukwago knew that Dr Besigye, Joel Wakayima, Frank Kihehere Atukunda and Obeid Lutale intended to commit treason but failed to disclose the information to relevant authorities.
His arrest came as he was reportedly preparing to serve court documents on Gen Muhoozi Kainerugaba in a separate legal matter connected to Dr Besigye’s ongoing treason case where he alleges death threats against him.