ECCMIS Used to Ratify Repression” – ULS slams judiciary over denial of bail to Besigye, Lutale

Kampala, Uganda: The Uganda Law Society (ULS) has strongly criticised the dismissal of the bail application filed by opposition politician Dr Kizza Besigye and his co-accused Hajj Obeid Lutale, arguing that the Electronic Court Case Management Information System (ECCMIS) was used in a manner that undermined fair trial rights and judicial impartiality.

In a five-page statement issued on Friday by ULS President Isaac K. Ssemakadde, SC, the legal body condemned the July 8 ruling by High Court Judge Emmanuel Baguma, saying it illustrated the risks of relying on a purely electronic case management system in complex and high-profile matters.

“The decision exemplifies the dangers flagged in the ULS Preliminary Response to the Judiciary’s Paperless Transition, particularly the risk to judicial impartiality and flexibility in complex and high-stakes cases,” Ssemakadde wrote.

The ULS statement references Miscellaneous Application No. 213 of 2026, through which Besigye and Lutale sought bail in the High Court while facing treason charges.

According to President Ssemakadde, the court had previously been informed that the applicants’ lead counsel, Erias Lukwago, was unavailable after his arrest and detention, while co-lead counsel, Martha Karua, a former Kenyan Justice Minister, had been denied entry into Uganda.

The society argued that under those circumstances, the applicants sought an adjournment because they could not adequately proceed without their chosen legal representatives. Instead, the court later dismissed the application electronically through ECCMIS, describing it as an abuse of court process.

“Instead of exercising the human flexibility demanded by these unprecedented circumstances, the Court used ECCMIS to deliver a ruling five days later dismissing the application, with highly prejudicial language branding the applicants’ legitimate constraints and the application itself as “abuse of court process, delaying tactics, in disguise of fair trial, dishonesty which this court cannot condone.”

Now Ssemakade contends that the dismissal failed to sufficiently consider the applicants’ representation challenges and the broader constitutional guarantees of a fair hearing. “This rigid, electronic approach, in a high-stakes bail matter, directly engaging liberty, dignity and the presumption of innocence, deprived the proceedings of essential impartiality and humanity,” he stated.

Concerns Over Judicial Discretion

The lawyers’ body further argued that technology should not replace judicial discretion in sensitive matters involving liberty and fundamental rights.

According to Ssemakadde, ECCMIS should remain an administrative tool rather than determine outcomes without adequate human consideration.

“The rule of law requires more than digital efficiency. In cases involving attacks on the Bar and fundamental liberties, courts must preserve human judgment, compassion and impartiality,” Ssemakadde said.

He also criticised what he described as inconsistent judicial treatment, alleging that while the court had previously granted adjournments when state prosecutors were unavailable, it declined to extend similar flexibility to the defence.

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The Law Society also took issue with President Museveni’s public remarks following the court proceedings, arguing that comments describing the July 3 proceedings as promoting impunity amounted to interference in matters that remain before the court.

The Bar maintained that ongoing judicial proceedings should be allowed to run their course without external influence.

Among its recommendations, the Uganda Law Society called for an immediate review and setting aside of the order dismissing the bail application, relisting of the bail application for hearing within three days, suspension of rigid ECCMIS directives in bail and human rights cases pending wider stakeholder consultations, and stronger safeguards allowing hybrid hearings where circumstances require.

The society further demands greater protection for advocates handling sensitive constitutional and human rights matters, and an independent review of the July 3 proceedings and measures to safeguard the right to legal representation.

Ssemakadde warned that should the matter not be relisted within three days, the society would, upon request, facilitate legal representation for the applicants.

Dr Kizza Besigye and Hajj Obeid Lutale are facing treason charges arising from an ongoing criminal case before the High Court that dates back to their arrest in Nairobi in 2024. Their latest bail application was dismissed on July 8 through the Judiciary’s Electronic Court Case Management Information System (ECCMIS), prompting criticism from sections of the legal fraternity over the handling of the proceedings.

The Judiciary had not immediately issued a response to the Uganda Law Society’s latest statement by press time.