By Ben Musanje
The East Africa Law Society (EALS) has expressed concern over the arrest, detention and prosecution of opposition leader and senior advocate Erias Lukwago, saying the case raises broader questions about the independence of the legal profession, advocate-client confidentiality and adherence to the rule of law in Uganda.
In a statement issued on June 19, EALS said the circumstances surrounding Lukwago’s arrest and prosecution extend beyond the case of an individual and touch on constitutional safeguards, access to justice and the administration of justice.
Lukwago, a senior advocate, former Lord Mayor of Kampala, President of the People’s Front for Freedom (PFF), and a member of both the Uganda Law Society and EALS, was reportedly arrested on June 15 and produced before the Chief Magistrate’s Court at Makindye on June 17.
According to information cited by EALS, Lukwago was charged with misprision of treason in connection with matters allegedly linked to individuals he represented in the course of his professional duties as a lawyer. He has denied the allegations and remains on remand pending further court proceedings, including the determination of his bail application.
The regional legal body emphasized that every person accused of a criminal offence is entitled to the presumption of innocence, access to legal representation, humane treatment and a fair hearing before an independent and impartial court.
“EALS reiterates that every person accused of a criminal offence is entitled to the presumption of innocence, prompt access to legal representation, humane treatment, and a fair hearing before an independent and impartial court,” the statement reads.
The organization also expressed concern over reports regarding the circumstances of Lukwago’s detention before he appeared in court. It called for an independent, impartial and transparent investigation into any allegations of unlawful detention, incommunicado detention, enforced disappearance, torture or other forms of mistreatment.
A key issue highlighted by EALS is what it described as the apparent connection between the charges against Lukwago and his professional work as legal counsel.
The society noted that advocate-client confidentiality is a fundamental component of the justice system and argued that legal practitioners should be able to carry out their duties without fear of sanction or intimidation arising from lawful representation of clients.
“Where legal practitioners are exposed to sanction or intimidation arising from their professional duties, the independence of the legal profession is compromised, and the right of every person to effective legal representation is diminished,” the statement said.
EALS warned that any process perceived as criminalizing lawful professional conduct could have implications for legal professional privilege, public confidence in the justice system and access to justice.
The organization called upon the Government of Uganda and relevant state institutions to guarantee Lukwago’s constitutional rights throughout the proceedings, ensure a fair and timely hearing of his bail application, provide unrestricted access to legal counsel, family and medical care, and safeguard the independence of the legal profession.
EALS also urged authorities to conduct a credible investigation into the circumstances of Lukwago’s arrest and detention and to avoid actions that could undermine confidence in the administration of justice.
In the statement signed by EALS President Ramadhan Abubakar, the society pledged to continue monitoring the case and to pursue available national, regional, continental and international avenues aimed at protecting the independence of the legal profession and upholding the rule of law.
The organization further expressed solidarity with the Uganda Law Society and the wider legal fraternity in Uganda, stating its commitment to constitutionalism, judicial independence, fundamental rights and the rule of law. As of Friday, Ugandan authorities had not publicly responded to the concerns raised by EALS in its statement. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
