KAMPALA, Uganda — The highly anticipated treason trial of veteran opposition leader Kizza Besigye and his aide, Obeid Lutale, hit a snag yesterday when the two accused persons failed to appear in the High Court.
Proceedings were halted after prison authorities produced only the third accused, Capt. Denis Oola, prompting immediate objections from the defence team.
Defence lawyers, led by Kenyan attorney Martha Karua and former Kampala Lord Mayor Erias Lukwago, argued that proceeding without Besigye and Lutale would violate the constitutional right to a fair hearing.
“I notice that only Capt. Oola is in court. Dr. Besigye and Hajj Lutale are not here,” Karua told Justice Emmanuel Baguma. “The Constitution does not allow the trial of an accused in absentia unless with his or her consent or where that person conducts themselves in a manner that warrants so.”
Assistant Superintendent of Prisons Emmanuel Hiire told the court that Besigye and Lutale declined to attend, citing unresolved issues between their lawyers and the court.
The defense team had previously complained that prison authorities were frustrating trial preparations by denying them access to laptops and projectors needed to review evidence with their clients. Lawyers also argued that a one-week window to review the state’s voluminous evidence was insufficient.
During the session, Oola told the court that prison officials were restricting his ability to interact with his co-accused and legal team, a statement that drew supportive foot-stamping from the gallery. Defense lawyer Eron Kiiza also accused prison officers of violating attorney-client privacy by acting as listening devices during consultations.
Lukwago refused to delve deeper into the prison grievances without all defendants present, stating it would breach constitutional procedures.
The prosecution, led by Assistant Director of Public Prosecutions Thomas Jatiko, stated they were fully prepared to present their first two witnesses. However, Baguma ruled that the court could not go forward.
“A1 (Dr. Besigye) and A2 (Hajj Lutale) are not in court, and we can’t proceed without them,” Baguma said, adjourning the matter to June 30 and issuing a production warrant to ensure the presence of all accused persons.
Before the court convened, a large crowd of opposition supporters grew restless over delays. Led by activist Ingrid Turinawe, members of the People’s Front for Freedom filled the courtroom and sang protest songs under the watch of counterterrorism police.
Besigye and Lutale were arrested in November 2024 in Nairobi, Kenya, where they had traveled to attend a book launch hosted by Karua.
