KAMPALA — The Government has asked the High Court to dismiss an application filed by Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, challenging what they describe as interference with their right to legal representation.
Through the Attorney General, the State argues that Besigye and Lutale have not been denied access to lawyers and that their constitutional right to legal representation remains intact.
The government’s response comes after the two accused challenged circumstances surrounding the composition of their defence team, particularly the alleged blocking of Kenyan Senior Counsel Martha Karua from entering Uganda and the arrest and prosecution of former Kampala Lord Mayor Erias Lukwago, who has been part of Besigye’s legal team.
Besigye’s lawyers have argued that the developments have disrupted their defence and affected their ability to have lawyers of their choice participate effectively in the proceedings. Recent court proceedings have also seen the defence raise concerns about the availability and safety of members of the legal team.
The State, however, disputes the claim that the accused have been left without adequate legal representation.
In its response, the Attorney General points to the large number of lawyers who have participated in the case, arguing that more than 50 lawyers drawn from 13 law firms have represented Besigye and Lutale at different stages of the proceedings.
The government therefore maintains that the applicants have failed to establish any constitutional violation warranting the intervention of the High Court.
The Attorney General has consequently asked the court to dismiss the application with costs, arguing that the allegations of interference with legal representation have not been substantiated.
The dispute over legal representation adds another layer to Besigye’s ongoing legal battle, which has involved proceedings before both the military and ordinary courts. His defence has previously included a large team of Ugandan lawyers alongside Karua, who has appeared as part of his legal team. Court records show that Besigye and Lutale have been represented by numerous advocates from several law firms.
The High Court will now determine whether the circumstances cited by Besigye and Lutale amount to a violation of their constitutional rights or whether, as the State contends, their continued access to a substantial legal team means that no such violation has been established.
