Kampala, Uganda: The Uganda Law Society (ULS) has called for the immediate protection of Dr. Kizza Besigye’s constitutional right to a fair trial after the veteran Ugandan opposition leader collapsed in court during the ongoing treason trial, warning that recent procedural decisions risk undermining public confidence in Uganda’s justice system.
In a statement issued on Thursday, ULS President Isaac K. Ssemakadde expressed concern over both Besigye’s medical condition and what he described as last-minute restrictions imposed by the Judiciary on media coverage of the high-profile proceedings.
The legal body said it was particularly alarmed by the Judiciary’s issuance of restrictive guidelines through the Electronic Court Case Management System (ECCMIS) shortly before Wednesday’s hearing, arguing that the measures significantly curtailed media access, photography, live broadcasting and public scrutiny of proceedings.
“Justice delayed is justice buried, but so too is justice hurried. Publicity is the soul of justice. Without it, justice becomes a ghost. Hiding proceedings from the public eye is the wrong path,” Ssemakadde said.
He further maintained that Article 28 of the Constitution guarantees every accused person the right to a fair and public hearing, regardless of the nature of the charges.
ULS lists five demands
The Society called on the High Court to immediately ensure Dr. Besigye receives proper and independent medical care, lift the unilateral publicity restrictions and engage both the Bar and the media on balanced court reporting guidelines, prioritise live streaming of proceedings through Judiciary platforms and accredited media to uphold open justice, stop using the ECCMIS to bypass legitimate court applications and established legal procedure.
The Radical New Bar also wants the court to expeditiously hear and determine Miscellaneous Application No. 269 of 2026, seeking a stay of proceedings, and Miscellaneous Application No. 248 of 2026, relating to allegations of interference with the defence team, while granting any necessary adjournments to safeguard due process.
The Society also questioned the continuation of proceedings using state-appointed lawyers despite Besigye’s objections and while his preferred legal team allegedly faces barriers in accessing him.
Dr. Besigye, a four-time presidential candidate, is jointly charged with Hajji Obeid Lutale and UPDF Capt. Denis Oola on allegations of treason.
The prosecution alleges the trio participated in meetings held in Uganda, Kenya, Greece and Switzerland between 2023 and 2024, where they allegedly planned to overthrow the government by soliciting funds, recruiting fighters and acquiring weapons. The accused have consistently denied the charges.
The case was initially handled before military authorities following Besigye and Lutale’s arrest in Nairobi in late 2024 before it was transferred to the civilian High Court after legal and constitutional challenges.
The duo’s trial has been marked by a series of procedural disputes and preliminary applications over the past several months.
In May, the prosecution withdrew its application seeking to conceal the identities of key witnesses, after which the court directed the State to make full disclosure of its evidence to the defence before fixing the matter for preliminary hearing.
In June, Justice Emmanuel Baguma dismissed an application seeking to refer constitutional questions relating to adequate preparation time for trial, ruling that the issues did not warrant interpretation by the Constitutional Court.
On July 8, the court again dismissed another application by Besigye and Lutale seeking to halt the proceedings on grounds that their constitutional rights had allegedly been violated, clearing the way for the substantive hearing to commence.
When the trial opened on July 13, Besigye objected to proceeding without his preferred legal representation and challenged comments suggesting he had deliberately delayed the case. Justice Baguma subsequently granted the accused two weeks to consider legal representation under the State Brief Scheme before adjourning the matter to July 29.
Ahead of Wednesday’s hearing, members of the defence team complained that prison authorities had restricted their ability to review prosecution evidence with their clients, arguing that the limitations undermined the accused persons’ right to prepare their defence adequately.
Proceedings resumed on July 29, but were abruptly halted after Besigye reportedly collapsed in the dock, prompting prison officers to rush to his aid and forcing the court to adjourn. Reports indicate that concerns over his health have intensified, with family members and supporters calling for independent medical treatment.
The Uganda Law Society said it would continue monitoring the proceedings and remains committed to defending judicial independence, the legal profession and the rule of law.
President Ssemakadde urged the Judiciary’s leadership to address growing public concern surrounding the case, warning that procedural fairness, transparency and respect for constitutional safeguards remain essential to maintaining confidence in the administration of justice.
If you would like your article/opinion to be published on Uganda’s most authoritative news platform, send your submission on: [email protected]. You can also follow DailyExpress on WhatsApp and on Twitter (X) for realtime updates.
