Lawyers representing former FDC leader Dr. Kizza Besigye and political activist Obeid Lutale have launched a scathing attack on Nakawa Chief Magistrate Christine Nantege, accusing her of bias, incompetence, and violation of constitutional rights.

Addressing journalists after a court session, the lead counsel, Kampala Lord Mayor Erias Lukwago, revealed that they had taken two drastic actions against the magistrate.

“We’ve been constrained in this matter to take two drastic steps, one to drag the magistrate straight to the judicial service commission on grounds of incompetence and the demonstration of bias in the matter.
And the failure to impartially dispense justice. The other step we have also taken is to ask her to recuse herself from this particular matter because of apparent bias and incompetence.” he said to journalists

Lukwago added that they had also formally asked Chief Magistrate Nantege to recuse herself from the case due to what they termed as a “total collapse of judicial impartiality.”

“This is a grave matter. Our clients are facing capital offenses that attract the death penalty upon conviction. We don’t want this case to be handled in a kangaroo style, like what happened before in the General Court Martial.” he mentioned

Lukwago expressed shock at the decision by the Magistrate to commit Besigye and Lutale to the High Court without legal representation.

“On the day of committal, we were present but walked out in protest. Instead of adjourning the matter to allow the accused to get new lawyers or assigning them one at the state’s expense, the magistrate went ahead and committed them without any representation. That is a travesty of justice,” Lukwago charged.

He noted that the Constitution and Section 76 of the Magistrates Court Act, which provide for mandatory bail once an accused person has spent over 180 days on remand without being tried.

“Article 23 of the Constitution is very clear. Once someone clocks 180 days in remand, the court must consider bail. This is not optional, it is mandatory. The magistrate has not even ruled on how to calculate the remand period,” he added.

Adding fuel to the fire, Lukwago criticized the latest application by the state, seeking to access phone data of the accused even after the committal process had been completed.

“This has never happened in our legal system. Once a case is committed to the High Court, it means investigations are complete. How can you gather fresh evidence after committal? Where will that new evidence be used?” Lukwago stated.

He said the attempt by the prosecution to reopen investigations post-committal is “an absurdity” and an indication that the magistrate has lost control of the process.

“Even a non-lawyer can see that what is happening is irregular. It’s a clear abuse of due process and an embarrassment to the judiciary.” he said

In a dramatic moment, Lukwago likened Chief Magistrate Nantege to former General Court Martial chairperson Lt Gen Andrew Gutti, who he accused of presiding over politically motivated trials in the past.

“We thought by coming to civilian courts, there would be justice and a breath of fresh air. But alas, this magistrate is turning out to be another Franco Mugabe. She’s ignoring the Constitution, violating guidelines from the Chief Justice, and acting with blatant impunity.” he further stated

The defense has vowed not to relent, saying they will continue to challenge every illegal action in court and through legal institutions.

“We’ve been instructed by our clients to leave no stone unturned. This matter touches their lives and liberty,” Lukwago concluded. “We are ready for the long haul.”

The duo, Besigye and Lutale, are facing charges that carry the death penalty if convicted. They were committed to the High Court on charges that have not been fully disclosed to the public.

The legal battle now shifts to June 26, when Chief Magistrate Nantege is expected to rule on whether she will step down from the case.