Courts deliver blow after blow for Besigye, Lukwago

Uganda’s courts witnessed a week of dramatic proceedings that underscored the growing intersection of politics, justice and commercial litigation.

From the emotional scenes that unfolded during Dr Kizza Besigye’s treason trial to the High Court’s refusal to release Erias Lukwago on bail, judges across the country grappled with cases that touched on constitutional rights, freedom of expression, corporate accountability and criminal justice.

The most striking moment came in the High Court, where opposition figure Dr Kizza Besigye collapsed during his treason trial after protesting what he described as an unfair legal process.

BESIGYE COLLAPSES AS COURT REJECTS OBJECTIONS

The proceedings had barely gathered pace when tensions rose inside the courtroom. Justice Emmanuel Baguma directed that the trial continues and swore in three court assessors despite objections raised by Besigye and his co-accused, Obed Lutale.

By then, the prosecution, led by Senior State Attorney Richard Birivumbuka, had already begun presenting evidence through its first witness, Andrew Wilson Orlando. Besigye repeatedly interrupted the proceedings, insisting that the court could not lawfully proceed before addressing his concerns over legal representation.

He argued that his constitutional right to a fair hearing under Article 28 had been violated because he had been denied the opportunity to choose his preferred state-funded lawyer.

Referring to the Judicature (Legal Representation at the Expense of the State) Rules, 2022, Besigye maintained that an accused person should be allowed to select counsel from the list of advocates under the legal aid scheme rather than having one imposed without consent.

State Attorneys Jonathan Jatiko and Birivumbuka opposed the objection, maintaining that the court had already fulfilled its legal obligation by appointing lawyers to represent the accused.

Justice Baguma rejected the application and ordered the trial to continue. Besigye continued protesting from the dock before suddenly collapsing, bringing the proceedings to an abrupt halt. He was first taken to Luzira Prison and later transferred to Mulago National Referral Hospital, where he remains receiving treatment.

COURT AGAIN REJECTS LUKWAGO’S BAIL BID

Elsewhere, former Kampala Lord Mayor Erias Lukwago suffered another legal setback after the High Court declined to release him on bail.

His lawyers had argued that he met all the legal requirements for temporary release, citing his age, deteriorating health, permanent place of residence and four substantial sureties, among them Mukono Municipality MP Betty Bakireke Nambooze and advocate Katumba Christom.

The prosecution, however, urged the court to reject the application, arguing that Lukwago presented a flight risk and could interfere with prosecution witnesses if released. Justice David Matovu found little merit in those concerns, describing the state’s fears of flight and witness interference as speculative.

The judge also accepted that Lukwago had a fixed residence and credible sureties. Even so, he declined to grant bail. The court observed that Lukwago had already been committed to the High Court for trial and that the case file had not yet been assigned to a trial judge.

According to the ruling, it would be more appropriate for the judge eventually allocated the case to determine any future bail application while managing the proceedings.

LAWYER WINS SHS 185 MILLION

The Commercial Court delivered one of the week’s most significant civil judgments, awarding city lawyer Silver Kayondo Shs 185 million after finding that his copyright and personality rights had been infringed through the publication of a misquoted social media post.

Kayondo sued Monitor Publications Limited, NTV Uganda and two individuals, accusing them of copyright infringement, false attribution, negligence, defamation, misuse of his personality rights and unlawful processing of personal data.

He told the court that on August 10, 2023, he had posted commentary on X, formerly Twitter, concerning Uganda’s relationship with the World Bank. He later discovered that a Monitor journalist had reproduced the post in a newspaper article that was subsequently syndicated by NTV Uganda, but with altered wording that attributed additional statements to him.

The defendants argued that the publication amounted to fair use because Kayondo had been acknowledged and the subject matter concerned public interest. Justice Dr Ginamia Melody Ngwatu disagreed.

The court found that the alterations substantially changed the meaning of Kayondo’s original statement and harmed his professional reputation. Justice Ngwatu held the defendants liable for copyright infringement, defamation, negligence, false attribution, misappropriation of personality rights and unlawful processing of personal data.

Kayondo was awarded Shs165 million in general damages and Shs20 million in aggravated damages, together with interest, costs of the suit, a permanent injunction and an order requiring an apology.

COURT DECLINES TO HALT INDEPENDENT AUDIT IN DEI DISPUTE

In another closely watched commercial dispute, the High Court Commercial Division dismissed an application by Dei Industries International Ltd, Dei BioPharma Ltd and Dr Matthias Magoola seeking to stop an independent audit ordered in their legal battle with Equity Bank Uganda Limited and Equity Bank Kenya Limited.

The dispute stems from Civil Suit No. 0929 of 2024, in which the companies are seeking an account and reconciliation of their loan facilities with the banks. Earlier court orders had directed the Institute of Certified Public Accountants of Uganda (ICPAU) to appoint an independent auditor.

After the initial appointment of KPMG Auditors was set aside, ICPAU nominated M/s Clayton & Company, which later submitted its audit report to court. The applicants challenged ICPAU’s role, arguing that the institute’s independence and impartiality had been compromised. Justice Susan Abinyo dismissed the application, finding that no evidence had been presented to support those allegations.

She further ruled that the application had effectively been overtaken by events because the audit process had already commenced before it was filed, describing the application as an abuse of court process. The judge also declined to permit amendments to the plaint, saying doing so would prejudice the respondents and unnecessarily delay the proceedings.

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