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By Ben Musanje
The Uganda Law Society (ULS) has strongly condemned the dismissal of Dr. Kizza Besigye and Hajji Obeid Lutale’s bail application, accusing the Judiciary of using its Electronic Court Case Management Information System (ECCMIS) to facilitate what it described as a “mechanical” and unjust decision that undermined fair trial rights.
In a strongly worded statement issued on Friday, ULS President Isaac K. Ssemakadde said Judge Emmanuel Baguma’s July 8 ruling reflected the very risks the legal body had warned about following the Judiciary’s transition to a paperless court system.
Besigye and Lutale, who are jointly charged with treason in Criminal Session Case No. 335 of 2025, had sought bail before the High Court. However, the application was dismissed after the court ruled that the applicants had failed to prosecute it.
The Society argued that the court failed to exercise discretion after the defence sought an indefinite adjournment, citing extraordinary disruptions to its legal team. Lead counsel Erias Lukwago was reportedly abducted, detained, tortured and later charged with a treason-related offence, while Kenyan lawyer Martha Karua was denied entry into Uganda and barred from representing the accused after authorities confiscated her work devices at Entebbe International Airport.
According to the ULS, the applicants informed court that they could not fairly proceed without their chosen lead counsel and requested an adjournment. Instead, the court dismissed the application through ECCMIS, describing it as an abuse of court process and a delaying tactic.
“The rigid electronic approach deprived the proceedings of the impartiality and humanity required in a case involving liberty, dignity and the presumption of innocence,” the Society said.
The ULS further accused Judge Baguma of applying double standards, arguing that while the court had previously granted the prosecution additional time when state attorneys were absent, it declined to extend similar flexibility to the defence despite what it termed an unprecedented representation crisis.
The Society also criticized the Office of the Director of Public Prosecutions (DPP), saying prosecutors should have supported, or at least not opposed, an adjournment to safeguard the accused persons’ constitutional right to a fair hearing.
It additionally faulted President Yoweri Museveni’s July 4 public comments on the case, arguing that his remarks amounted to executive interference in ongoing judicial proceedings and undermined judicial independence.
The ULS said the combined actions of the court, prosecutors and the Executive had “ratified the repression of the defence” and weakened public confidence in the administration of justice.
The legal body is now demanding that the court immediately review and set aside the dismissal of the bail application, relist the matter within three days and allow Besigye and Lutale to appear with counsel of their choice.
It also called for the suspension of rigid ECCMIS procedures in bail and human rights cases pending wider consultations, the introduction of hybrid hearing arrangements, and stronger safeguards where legal representation is disrupted.
In addition, the Society wants an independent review of the July 3 proceedings, accountability for alleged violations of the applicants’ right to counsel, and reforms requiring prosecutors and judicial officers to uphold international standards protecting the independence of lawyers.
“The rule of law requires more than digital efficiency,” the ULS said, insisting that courts must prioritise fairness, compassion and judicial independence, particularly in politically sensitive cases. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
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