The High Court in Kampala has dismissed a bail application filed by opposition politician Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, after they declined to proceed without their preferred lead counsel.
Justice Emmanuel Baguma dismissed the application on Wednesday, ruling that the applicants had failed to prosecute it.
The bail request had been filed by a team of 13 law firms representing Besigye and Lutale in an ongoing criminal matter.
Defence Lawyers Absent From Court
The application had been scheduled for hearing on July 3 by consent of both parties.
However, none of the defence lawyers appeared in court on the scheduled date.
According to the ruling, Besigye told court that his legal team was facing an internal impasse. He insisted that the application could not proceed without Senior Counsel Martha Karua and lawyer Erias Lukwago.
Chief State Attorney Richard Birivumbuka opposed the delay.
He argued that the absence of the two lawyers should not stop the hearing because the applicants had 13 law firms on record. He said those firms had dozens of advocates who could handle the matter.
Birivumbuka asked court to dismiss the application under the Judicature Act.
Judge Says Applicants Declined to Prosecute Bail Bid
Justice Baguma agreed with the prosecution and ruled that the applicants had received an opportunity to pursue bail but declined to do so.
“There was an opportunity and window for the applicants to apply for bail on their own and produce sureties for court’s consideration but surprisingly, the applicants opposed their own application,” the judge said.
The judge said the insistence on specific counsel, under the circumstances, amounted to an abuse of court process.
He then dismissed the application for want of prosecution.
Defence Criticises Ruling
Defence lawyer Samuel Muyizzi criticised the decision and described it as a “smokescreen of justice.”
“We are not surprised by the ruling by Justice Baguma, but we expected he would have found different reasons and not a failure of prosecution. He has the discretion to deny or grant the application, but it has to be judicious,” Muyizzi said.
Muyizzi argued that the court and the state had created conditions that made it difficult for the defence to proceed.
He cited the continued exclusion of Martha Karua, whom the defence says Besigye had chosen as lead counsel.
“An applicant chooses who represents them before the court, and Besigye chose Martha Karua alone to lead the matter. The decision of the court is not proper and not judicious. Those are double standards. Court was dishonest; there was no abuse of process by the applicant,” Muyizzi said.
Legal Representation Dispute Remains Central
Muyizzi further argued that court should first have handled a pending application on Besigye’s right to legal representation of his choice.
He said that issue should have been resolved before the bail application proceeded.
“The accused had asked the court to compel the state to pronounce itself on the persona non grata order of Martha Karua, but the court has instead chosen for the accused who should represent them,” he said.
Muyizzi described the ruling as political rather than judicial. He also said the defence team would consider its next course of action.
Besigye and Lutale remain on remand as the main criminal proceedings continue before court.
