Exiled Uganda Law Society President, Isaac Ssemakadde, has written to the Director of Public Prosecutions (DPP), Lino Anguzu, complaining about what he described as politically motivated charges against Advocate Erias Lukwago. The letter, copied to the Chief Justice, the Attorney General, and the East African Law Society, among others, comes after Erai Lukwago, one of the lawyers representing Dr Kiiza Besigye, was arraigned before the Makindye Chief Magistrates’ Court, where he was charged with Misprision of Treason.
Erias Lukwago, whose family says was abducted from his home on Monday by soldiers attached to SFC, was charged with misprision of treason alongside Frank Kihehere, Joel Wakayima, Dr Kizza Besigye, Hajji Obeid Lutale Kamulega, among others.
Quoting Section 3(c) of the Uganda Law Society Act 305, Ssemakadde wrote that. “This is to register our strongest protest, condemnation, and complaint against the Office of the Director of Public Prosecutions (DPP) for entertaining, sanctioning, or proceeding with the charging of Advocate Erias Lukwago, a senior member of the Bar, and lead counsel for Dr. Kizza Besigye and Hajji Obeid Lutale in the ongoing treason trial.
He said the charge against Lukwago and others was confirmed this afternoon by his firm partner, Advocate Medard Lubega Sseggona. “This action constitutes a blatant and unconstitutional political persecution prohibited under Article 43(2)(a) of the Constitution, which explicitly states that nothing in the general limitations clause shall permit political persecution,” reads the Complaint. “It further violates Articles 120(5) and 120(6), which mandate that the DPP exercise prosecutorial authority with impartiality, integrity, and free from partisan or political direction,” noted Ssemakadde, who previously criticized former DPP Jane Frances Abodo on the way she sanctioned some of the files for prosecution.
Article 120(5): Discretion and Administration of Justice. The article dictates that when exercising their powers to institute, take over, or discontinue criminal proceedings, the DPP must consider three core factors. It says the DPP must consider the Public Interest: Ensuring that criminal prosecution serves the broader good of society.
It further the DPPs office should further consider the interests of the administration of Justice by facilitating a fair, efficient, and legitimate legal system. And it notes that the DPP must prevent abuse of legal process by protecting individuals and institutions from malicious, vexatious, or improper use of the justice system.
Referring to a ULS’s protest Note addressed to the Chief of Defence Forces, General Muhoozi Kainerugaba, Ssemakadde noted that “Advocate Lukwago was abducted from his home by UPDF operatives in circumstances directly linked to his attempts to serve court process in the Besigye matter”
He stated that public statements by high-ranking military officials boasting of his capture and detention, followed by the enabling silence of Government and Judiciary authorities, have left no doubt that this is not a legitimate criminal matter but a targeted intimidation of counsel for performing his constitutional and professional role.
“The subsequent preferment of misprision of treason charges against him, offences that demand the highest evidentiary threshold, represents a gross abuse of process. Serving court documents or vigorously defending a client in a high-profile political trial does not, and cannot, constitute treason,” said Ssemakadde.
He claimed that the slapping of charges against Lukwago amounts to a “classic lawfare: the weaponization of criminal justice institutions to harass, cripple, and neutralize the defence team of political opponents.”
He reminded Anguzu that an attack on one advocate is an attack on the entire Bar and on the rule of law. “The profession demands the immediate and unconditional withdrawal of all charges against Advocate Erias Lukwago, full disclosure of his treatment in detention, and a public undertaking that prosecutors will cease using their offices to advance partisan political objectives,” he demanded.
ULS warned the DPP of the urgent need to stop the abuse of prosecutorial discretion. “Our criminal justice system is now a police-to-prison pipeline for dissenters. You have not replied. That silence violates Article 43(2)(a), international fair trial norms, and the independence of the legal profession,” he further states.
He then put Lino Anguzu and his Office on formal notice that: “We shall vigorously oppose these charges in court through all available procedural and constitutional avenues, including applications to declare them an abuse of process, violations of fair trial rights under Article 28, and unconstitutional political persecution.”
Ssemakadde then states that the Uganda Law Society shall take the struggle to the streets. “The legal profession, in coordination with other pro-democracy forces, shall picket the DPP’s offices every single day, commencing immediately and without interruption, until these charges are unconditionally withdrawn,”
He warned that failure to withdraw the charges will be viewed as complicity in the ongoing assault on the independence of the Bar, the Judiciary, and the rule of law itself. “We reserve all legal, professional, and constitutional remedies, including escalation to regional and international bodies. We expect your urgent response and action within the shortest time possible. The eyes of the nation, and the international community, are on the DPP’s Office”
The Uganda Law Society on Tuesday wrote a similar condemnation to General Moses Wandera, the Joint Staff Legal Services of the Uganda Peoples’ Defence Force, raising what it described as a grave alarm of statements attributed t the Chief of Defence Forces, General Muhoozi Kainerugaba, including “I have captured a FOOL and taken him to the basement” and “this one will learn Kiswahili,” and Please serve the papers and I will arrest both you and whoever serves them”
It said the statement, together with the invasion of Advocate Lukwago’s home, constitutes the highest acts of intimidation, harassment, and obstruction of a lawyer in the discharge of professional duties. Lukwago’s arrest is likely to further strain the relationship between the Uganda Law Society and the Judiciary or the bench.
The arrest came at a time when the Chief Registrar of the Judiciary had invited the Uganda Law Society for the Bar-Bench meeting. The meeting that had been scheduled for Tuesday, 16th June, should have been the first since the current leadership at the Judiciary, led by Chief Justice Flavian Zeija, assumed office.
ULS Vice President, Asiimwe Anthony, however, called it off, saying they had decided to withhold participation in the Bar-Bench meeting and smear engagements. “Until we see clear and demonstrable fidelity to the Constitution by those convening the meeting, particularly in guaranteeing the safety and independence of the Bar and the right to fair trial under Article 28,” Asiimwe stated. His letter was accompanied by a protest note calling on the Attorney General and the Chief Justice to intervene in the matter-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
