Besigye Lawyers Storm Out of Court

Lawyers representing the jailed opposition Politician Dr Kizza Besigye, Obeid Lutale and Captain Denis Oola have walked out of the Nakawa Chief Magistrates Court protesting lack of instructions to proceed without their head, Martha Karua. 

According to the lawyers led by Erias Lukwago, they were only ready to proceed on instructions to make a mandatory bail application for the accused persons, who they say have clocked six months on remand without trial. 

The lawyers had been told to appear in court following a production warrant served to them on Thursday, a day after proceedings had been pushed to May 29th 2025.

They said they had not been served with a letter or any application in order for them to prepare accordingly for what exactly was the reason as to why they had come to Court.  Accordingly, they asked the Court to refer the case proceedings to the High Court for it to determine on what they described as repressive gimics by the prosecution to proceed when they have not been served and, in the absence of the lead Lawyer Martha Karua. 

The court presided over by the Chief Magistrate Christine Nantege, a third judicial officer to preside over the matter since February when it came to Court, found no basis as to why she should send the file to High Court. 

She dismissed the prayers and asked the lawyers to wait and first hear what Prosecution’s Richard Birivimbuka and Joseph Kyomuhendo who are all Chief State Attorneys wanted to tell Court. 

But at this point, Besigye said that Karua has a special role to play in this case and that she was in Uganda on Wednesday, but the Court indicated that its diary was full. He said he was not ready to proceed without Karua. 

Immediately, Lukwago asked the Court for permission to get out of the proceedings since they didn’t have instructions for matters beyond a mandatory bail application. Followed by lawyer Eron Kiiza, the group then walked out of proceedings together with the hundreds of Besigye’s supporters and relatives of the accused persons. 

But, Besigye asked if it was fair for the Court to proceed without his lawyers, who had stormed out. 

Nantege again advised Besigye to first listen to what Biruvimbuka wanted to do today before complaining.  Besigye then kept quiet. 

Birivumbuka informed the Court that he wanted to amend the charges and correct some grammatical errors and typos. 

But the Magistrate indicated that the Court was not going to proceed in the absence of Besigye’s lawyers. She then adjourned the proceedings to May 29th, the date that had been fixed earlier. 

In a rare circumstance, now media was the one to brief the lawyers who had stormed out and waited at the Court compound, regarding what had happened today.  Earlier, long proceedings had also taken place. 

Lukwago said that they were not fully composed as the defence team, because they were in Court on Wednesday, and proceedings were adjourned to May 29th 2025.  

Lukwago also reported to the Magistrate that the mood and condition in the Court is not one where a Court can exercise a fair trial. He said that when they were permitted to speak to their clients on Wednesday, prison officers were too harsh on them and that they couldn’t interact with their clients. 

He said even after the session, Kamira Abdul and Umaru Katongole, who are supporters of Besigye and had come to attend Court, were abducted and whisked away in a waiting drone by people he described as goons. 

Lukwago asked the Magistrate to take charge of her Court without any harassment and persecution from the state operatives. He also reported that before today’s session, there was a major scuffle in the Court as security operatives were unleashing terror and brutality against law-abiding citizens. 

He prayed for directives and protection for members of the public.

Lawyer Eron Kiiza argued that the law doesn’t allow the Magistrate to preside over a trial where  a right to fair hearing has been violated.  He asked the Magistrate to forward the file to the High Court for it to decide on repressive gimmicks by the State. 

Kiiza said some of the lawyers were not able to come today because they were not informed of Besigye’s appearance in court.  He said the state operatives he described as goons were even in Court.

Kiiza noted it is high time the Judiciary protected the citizens from the state’s brutality. 

Lawyer and UPDF’s Captain Simon Busagwa Nsubuga submitted that he equally came to Court thinking that he would go home with his client, Captain Oola.  He said he wasn’t ready to proceed on any matter, although he didn’t storm out of the proceedings. 

Birivumbuka said the Prosecution will not be held back because of the absence of Karua. He noted that the absence of Karua cannot be used as a basis to refer this matter to the High Court as there is nothing for it to determine. 

He has asked the Court to treat this application as redundant, an abuse of Court Procedure, as it is meant to waste the court’s time. 

Besigye’s lawyers However insisted that if the matter is not coming for the release of the accused persons under mandatory bail after spending more than 180 days in prison which translates to six months, they are not ready to proceed with anything.

Birivumbuka added that they are not aware of the people who were arrested on Wednesday, and are not aware of who has been beaten today in the scuffle. He acknowledged that the prosecution supports the rule of law.

Birivumbuka also asked the defence lawyers to restrain their supporters from chanting songs that he and his wife will die, and his children will suffer. 

Besigye and Lutale filed a second bail application last month after Justice Rosette Kania dismissed their first request on April 11, 2025, citing a high risk of interference with investigations and the seriousness of the treason charges.

In the fresh application, which has not yet been heard by the High Court, the duo emphasised their permanent residences, Besigye in Kasangati and Lutale in Ssabagabo, and their willingness to comply with bail conditions. 

The two have now spent over 180 days in custody on treason and misprision of treason charges. 

Prosecutors allege that, while in Geneva, Athens, Nairobi, and Kampala, the suspects sought firearms, logistics, and funding to overthrow the Ugandan government.