The High Court Criminal Division Judge has ordered the Registrar to give Dr Kizza Besigye and Hajji Obeid Lutale a list of advocates under the State Brief scheme by Tuesday to enable them choose lawyers that will represent them in the treason trial.
Justice Emmanuel Baguma also directed the Registrar to furnish the accused with certified copies of the court proceedings by July 14th, 2026, and instructed prison authorities to comply with earlier orders granting them adequate facilities to prepare their defence.
He further ordered that Captain Denis Oola be supplied with a copy of a previous court ruling which he said had not been availed to him.
The orders followed complaints raised by Dr. Besigye shortly after he, his co-accused Hajj Obeid Lutale and Captain Denis Oola were produced in court in handcuffs for the hearing that was expected to commence today.
Besigye told court he had been brought from Luzira Prison under duress while protesting attempts to proceed with the trial in the absence of his lawyers of choice, Martha Karua and Erias Lukwago.
He argued that their constitutional right to a fair hearing under Article 28 was being undermined, citing lack of access to legal representation and limited opportunity to review prosecution evidence.
He further claimed that although court had earlier been informed that their lawyers had been granted access to them in prison, they had never been given an opportunity to jointly review the prosecution disclosures. He also told court that a letter he wrote last week outlining their concerns had allegedly been withheld by prison authorities.
Besigye also attempted to raise concerns about recent public remarks by President Yoweri Museveni regarding his case, arguing that they had a bearing on their right to a fair hearing.
However, Justice Baguma declined to entertain those submissions, stating that they were not relevant to the proceedings before him.
His co-accused, Captain Denis Oola, also objected to the hearing, saying he had only been informed on Monday morning that the case had been fixed for hearing, denying him time to consult his lawyers.
He further complained that he had not received a copy of an earlier ruling despite a court directive.
In response, Assistant Director of Public Prosecutions Thomas Jatiko told court that the State was ready to proceed with the trial, noting that prosecution witnesses were already within the court premises.
Chief State Attorney Richard Birivumbuka argued that the accused persons had effectively waived their right to legal representation after withdrawing instructions from their lawyers.
He asked court to assign them lawyers under the State Brief scheme, warning that continued delays could affect the availability and willingness of witnesses to testify.
In his ruling, Justice Baguma acknowledged the constitutional right to a fair hearing and legal representation but noted that the accused persons had previously been represented by lawyers of their choice before the current dispute arose.
He ruled that the pending application regarding legal representation could not halt the trial since it had not been allocated to his court.
On the issue of disclosure, the judge agreed with the accused that although the prosecution had earlier shared evidence in the presence of their lawyers, the accused themselves had not been given copies.
He then directed the prosecution to immediately provide all disclosure materials to the accused persons before they are returned to prison.
Justice Baguma said he was invoking Article 28(3)(e) of the Constitution, which provides for State-funded legal representation in serious offences, and directed that the accused be given an opportunity to select lawyers under the State Brief scheme.
He added that this would not bar their privately retained lawyers from representing them if they resumed acting.
He further ruled that if the accused decline to choose lawyers from the State Brief list, the Registrar would appoint lawyers on their behalf to ensure that the trial proceeds without further delay.
Dr. Besigye, Hajj Obeid Lutale and Captain Denis Oola are jointly charged with treason over allegations that they plotted to overthrow the government.
According to the prosecution, the trio held meetings in Geneva, Athens, Nairobi and Kampala where they allegedly sought funding, weapons and support for paramilitary activities. The State further alleges that they planned to recruit and train Ugandans for military operations and explored the acquisition of dangerous weapons.
Prosecutors say they intend to rely on audio and video recordings, social media communications, immigration records and telephone data as evidence during the trial.
