Erias Lukwago Charged with Misprision of Treason, Remanded to Luzira

Former Kampala Lord Mayor Erias Lukwago was formally charged with misprision of treason at the Makindye Chief Magistrate’s Court yesterday, making him the latest high-profile opposition figure indicted in connection with the ongoing state security case against Dr. Kizza Besigye.

The prominent human rights attorney was arraigned before Chief Magistrate Sarah Basemera after spending two days in incommunicado military and police custody. Lukwago was violently arrested on Monday morning from his home in Wakaliga just as he prepared to serve court summons to the Chief of Defence Forces (CDF), Gen. Muhoozi Kainerugaba, regarding the Besigye trial.

A visibly frail Lukwago was brought to the courtroom shortly after lunch, where he denied the single capital count read against him.

The prosecution alleges that between 2021 and November 2024, across various locations in Kampala and Nairobi, Kenya, Lukwago alongside others still at large knew that Joel Wakayima, Frank Kihehere Atukunda, Hajj Obeid Lutale, and Dr. Kizza Besigye intended to commit treason but deliberately failed to report the plot to relevant authorities, such as the Internal Security Organisation (ISO), ministers, or police leadership.

When the charge was read, Lukwago firmly dismissed the allegations directly to the court. He stated that the accusations are not true, pointing out that the individuals mentioned in the charge sheet are actually his active legal clients. He questioned how he could commit the crime of concealing a plot when he is bound by professional duties as their defense lawyer.

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State Attorney Carol Apia informed the court that investigations into the matter are still highly active and requested more time to finalize the state’s evidence file.

Immediately after the charge was read, Lukwago’s lead counsel, Medard Sseggona, submitted an urgent application for bail, citing his client’s rapidly deteriorating health condition. Sseggona argued that Lukwago is a distinguished advocate of nearly 30 years who understands court implications, has a permanent home in Wakaliga, and poses absolutely no flight risk.

The defense revealed that Lukwago suffers from severe chronic gastritis, hypertension, and respiratory complications that require strict medication and dietary schedules. More critically, Sseggona told the court that Lukwago previously underwent complex cervical spinal surgery at Fortis Hospital in Gurugram, India, where a metal implant was inserted into his neck.

Sseggona emphasized that the physical roughness of the recent military arrest and subsequent two-day detention had severely aggravated the spinal implant, leaving the attorney in excruciating pain and requiring immediate, specialized orthopedic attention.

To anchor the bail application, the defense presented three prominent political sureties:

 Betty Nambooze — Member of Parliament for Mukono Municipality

 Betty Aol Ochan — Gulu City Woman Member of Parliament

 Dr. Lulume Bayigga — Former MP for Buikwe South

The prosecution strongly opposed the immediate hearing of the bail application. Ms. Apia argued that the state required at least a one-week adjournment to verify the authenticity of the medical records from India and thoroughly vet the credentials of the sureties, noting that some lacked standard Local Council (LC) introduction letters.

The request for a week-long delay triggered loud murmurs of disapproval from Lukwago’s supporters who packed the gallery. Sseggona passionately shot back, stating that the state was essentially asking the court to conduct a dangerous physical experiment on a sick man. He proposed that if the state’s intent was not his client’s demise, Lukwago should be held under close guard at a functioning medical facility rather than a prison cell while documents are verified.

Chief Magistrate Sarah Basemera ultimately declined to grant the prosecution the full week requested but agreed they needed time to review the bail paperwork. She remanded Lukwago to Luzira Maximum Security Prison until Monday, June 22, 2026, for further directions on his bail application. However, the magistrate ordered prison authorities to ensure Lukwago receives access to his personal doctors, an orthopedic mattress, and specialized meals.

Legal Explainer: What is Misprision of Treason?

Under Section 25 of the Ugandan Penal Code Act, misprision of treason is a distinct criminal offense centered entirely on concealment and silence rather than active participation.

Unlike a core treason charge—which requires proof that an individual actively participated in acts to overthrow the government and carries a maximum penalty of death—misprision applies when an individual has actual knowledge of a planned treasonous act but fails to report it to a minister, magistrate, or police officer with reasonable dispatch.

Because it does not involve active subversion, misprision is a lesser offense that can be fully handled by a Chief Magistrate’s Court. However, it remains a severe felony under Ugandan law; a conviction carries a maximum penalty of life imprisonment.