Besigye, Lutale Reject State-Appointed Lawyers

Dr Kizza Besigye and his co-accused Hajj Obeid Lutale have formally rejected lawyers appointed by the High Court to represent them at the state's expense, insisting they have counsel of their own choosing and urging the court to await a pending ruling on the legality of the appointments.

The treason trial of opposition leader Dr Kizza Besigye and his co-accused on Wednesday encountered another hurdle after two of the accused declined legal representation from lawyers appointed by the High Court at the state's expense.

Lawyers Julius Sserwambala, Sarah Awero and Sylvia Namawejje, who appeared before the Criminal Division of the High Court for the first time following their appointment by the court, informed the judge that only UPDF Captain Denis Oola had accepted their representation.

The lawyers told court that Besigye and his political associate Hajj Obeid Lutale had declined their services.

However, Oola clarified that his acceptance was conditional.

He told the court that he had only agreed to be represented by the state-appointed advocates alongside his privately retained legal team, who have previously represented him throughout the proceedings.

"For clarity, I only informed the lawyers that they would represent me alongside my personal lawyers," Oola said.

Besigye maintained his objection to the appointments, arguing that although the three advocates had submitted their curriculum vitae to the accused, none had demonstrated experience in handling a case of the magnitude and complexity of the treason charges they face.

He further asked the court to await a ruling in a separate case before Justice Dr. Douglas Singiza Kinobe, in which the legality of state-appointed representation is being challenged.

Besigye told court that he and his co-accused hoped the Criminal Division would first allow that matter to be determined before proceeding with the trial.

The ruling in that case is expected later in August.

The developments come days after the appointment of the three advocates sparked sharp criticism from Besigye's lawyer, Eron Kiiza, who urged them to reject the brief.

In a strongly worded letter addressed to the lawyers, Kiiza argued that accepting the appointment would violate the accused persons' constitutional right to choose their own legal representation.

"I write to you as one of the advocates chosen—freely, and only by Col. (Rtd.) Dr. Kizza Besigye and Hajji Obeid Lutale to defend them," Kiiza wrote.

"You have been hand-picked... for men who have not asked for you, who do not want you, and who have asserted their counsel of their own choosing firmly on the record."

Kiiza argued that the Constitution vests the right to choose counsel in the accused, not the State.

"The right to counsel of choice belongs to the accused. It is not the gift of the State," he wrote.

He further maintained that no lawyer can lawfully represent a client without instructions, warning that accepting such appointments could amount to professional misconduct.

The dispute stems from an earlier ruling by High Court Judge Emmanuel Baguma directing the Registrar of the Criminal Division to provide Besigye and Lutale with a list of advocates to represent them after the prosecution complained that repeated appearances without legal representation had delayed the commencement of the trial.

The court ruled that if the accused declined to choose lawyers from the list, the Registrar would appoint counsel for them under Article 28(3)(d) of the Constitution.

Besigye immediately rejected the arrangement, insisting that he already had lawyers of his choice but that they had been prevented from representing him effectively.

The latest courtroom developments mean the question of legal representation remains unresolved, even as the High Court seeks to begin hearing one of Uganda's most closely watched treason cases.

Besigye, Lutale and Captain Oola are charged with treason over allegations that between 2023 and November 2024, they conspired with others still at large in Uganda and abroad to overthrow the Government of Uganda by force. They have denied the charges.