On Monday morning, the arrest of former Kampala Lord Mayor and lawyer Erias Lukwago has raised concerns among the defence team of jailed opposition politician Dr Kizza Besigye, who said the development threatens the right to a fair trial and could have far-reaching implications for the ongoing treason case.
Mr Eron Kiiza, one of Dr Besigye’s lawyers, described Mr Lukwago’s arrest as part of a pattern targeting members of the defence team and warned that it was creating fear among lawyers handling the high-profile case. Mr Lukwago is also the acting president of the People’s Front for Freedom (PFF) party, one of the new opposition parties in the country.
“It has a chilling effect on all of us, and we are now watching our backs since all of us are rumoured to be arrested. The first one to be arrested was Geoffrey Iduli, who was later released by the police, then myself, Eron Kiiza, and now Mr Lukwago. Those are three lawyers arrested in one case,” Mr Kiiza said in a telephone interview.
He added that the repeated arrests undermine the prospects of a fair hearing as demanded by the 1995 Constitution.
“The arrests and abductions greatly undermine a fair trial,” he warned.
Mr Kiiza also criticised the Judiciary for remaining silent despite the fact that Mr Lukwago was reportedly carrying out court-ordered duties when he was arrested.
“The Judiciary has not come out to condemn this act of arresting lawyers who are enforcing court directives. It’s about time the Judiciary defended its space. Counsel Lukwago is an officer of the court who was serving judicial documents when he was arrested,” he said.
Mr Lukwago’s arrest came days after High Court judge Emmanuel Baguma directed Dr Besigye’s lawyers to serve court documents on the Chief of Defence Forces (CDF), Gen Muhoozi Kainerugaba, in an application in which the opposition politician accuses the military chief of issuing death threats and making prejudicial public statements against him.
Last Thursday, Justice Baguma directed Gen Muhoozi, the Attorney General, and two Uganda People’s Defence Forces (UPDF) officers-Col Peter Ahibisibwe and Lt Col Ephraim Byaruhanga-to file their responses to the application by June 18.
“The respondents take note and are given one week to file a reply by June 18,” Justice Baguma ruled.
The judge further directed Dr Besigye’s lawyers to file any rejoinder by June 25 and scheduled the hearing for June 30.
Following Mr Lukwago’s arrest, former Kenyan Justice Minister Martha Karua called upon Uganda’s Judiciary to defend constitutionalism, equality before the law, and the independence of the legal profession.
However, Judiciary spokesperson James Ereemye Mawanda said any explanation regarding the arrest should come from the authorities responsible for carrying it out.
“The best comment should come from those who made the arrest. They could have had their reasons. The authorities responsible for that will take any necessary action,” Mr Mawanda said.
Despite the setback, Mr Kiiza said the defence team would ensure that Gen Muhoozi is served with the court documents.
“The service of the court documents will have to happen by all means. Dr Besigye has many lawyers, and we shall ensure the service happens,” he vowed.
He noted that the law provides alternatives where personal service becomes difficult, including publication through newspapers and other substituted means approved by the court.
“Court can also proceed to hear the case even without the response of a party if it is convinced that the circumstances for service were very difficult,” he added.
Earlier yesterday, social media platforms were flooded with messages attributed to Gen Muhoozi regarding Mr Lukwago’s arrest.
‘I have captured a FOOL and taken him to the basement!. This one will learn Kiswahili. Please serve the papers, and I will arrest both you and whoever serves them,’ a post on the CDF’s X account stated.
The Uganda Law Society (ULS) condemned the arrest, describing it as an attack on the administration of justice and the right to legal representation.
“Detaining defence counsel mid-trial for attempting to serve court documents strikes at the heart of the right to a fair trial under Article 28(3)(d). A trial without counsel is no trial at all. The military has no mandate to arrest, detain or threaten lawyers appearing before civilian courts,” the lawyers’ body said in a statement.
The ULS argued that the arrest violated constitutional protections and international standards governing the role of lawyers.
The lawyers further said the incident was not isolated, citing previous arrests of legal practitioners and describing the trend as a direct assault on the rule of law and constitutional order.
At the centre of the dispute is an application filed by Dr Besigye against Gen Muhoozi, who is also President Museveni’s son. In the application, Dr Besigye accuses the CDF of repeatedly using his X account to threaten him and publicly comment on his guilt before the conclusion of court proceedings.
According to court documents, Dr Besigye argues that the statements violate his constitutional rights and compromise his entitlement to a fair hearing before an independent and impartial court.
“The 1st respondent’s adverse and prejudicial public statements threatening death, violence, torture and execution, and characterising the 1st applicant as a criminal, individually and cumulatively, give rise to violations of, and continuing threats to, human rights and freedoms,” the application states.
Dr Besigye further contends that public declarations of guilt by a senior military officer risk influencing ongoing judicial proceedings.
“Public pronouncements of guilt, and of a predetermined fatal outcome, made by such a figure while assessors are yet to be empanelled and witnesses heard, contaminate the atmosphere of an independent and impartial court and pressure the trial court,” the court documents add.
Among the social media posts cited in the application is one allegedly published on January 16, 2025, stating: “We will hang KB on Heroes’ Day. That’s the best day for him to die.”
Another post allegedly made on February 19, 2026, reportedly stated: “Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking.”
Dr Besigye is seeking declarations that the statements violated his constitutional rights and that the treason and misprision of treason charges against him are inconsistent with the principles of a fair trial, human rights, the rule of law, and extradition law.
The application also challenges the circumstances under which Dr Besigye and his co-accused, Obeid Lutale, were allegedly arrested in Nairobi, Kenya, in November 2024 and transferred to Uganda without formal extradition proceedings.
With the hearing of the application scheduled for June 30, legal observers say the arrest of one of Dr Besigye’s lead lawyers has introduced a fresh dimension to an already politically sensitive case, raising questions about legal representation, judicial independence and the integrity of the trial process.