Jailed Besigye lawyer Lukwago indicted for failing to report alleged treasonous plot
On July 14, 2026, the Director of Public Prosecutions (DPP) formally indicted Erias Lukwago, a prominent lawyer and President of the opposition People’s Front for Freedom (PFF), on charges of Misprision of Treason. Following the indictment, read on July 17 by Makindye Chief Magistrate Sarah Basemera, the case has been committed to the High Court of Uganda for trial.
Under Section 25 of the Penal Code Act, Misprision of Treason is a criminal offense committed when an individual has knowledge that others intend to commit treason but fails to report it to authorities, such as a Magistrate, a Minister, or a police officer in charge of a station, with “reasonable dispatch”. It also involves a failure to use all reasonable endeavors to prevent the treasonous act.
In this case, the prosecution does not allege that Lukwago personally planned the coup, but rather that he knew of a plot to overthrow the Government of Uganda by force of arms and chose to remain silent.
Alleged conspiracy
The indictment claims that between 2021 and November 2024, a group led by Col. (Rtd) Dr. Kizza Besigye (KB) and Joel Wakhaima (a Ugandan citizen based in Switzerland) contrived a “grand plot” to overturn the government.
According to the prosecution, in 2021, Wakhaima contacted Andrew Wilson (AW), a private security proprietor, to procure weapons and training for a coup. AW immediately reported this to Military Intelligence (CMI) and became a government spy, covertly recording the group’s activities for over two years.
The plot allegedly involved meetings in Brussels (Belgium), Geneva (Switzerland), and Nairobi (Kenya). During these meetings, Dr Besigye and his associates allegedly requested AW’s assistance in procuring Ricin poison to target government officials, drone strikes to assassinate the President, and surface-to-air missiles to attack aircraft. They also allegedly requested grenades and counterfeit currency to destabilize the economy.
Specific allegations against Lukwago
The prosecution contends that Lukwago’s leadership role in the PFF provided him with direct knowledge of these subversive activities. The State alleges Lukwago was aware of a 2023 meeting in Brussels between AW and former Bugabula County South MP, to which Lukwago had been invited.
The indictment specifically alleges that Lukwago participated in the mobilisation and authorised the travel of PFF members, including jailed Samuel Makokha, to Kisumu, Kenya, in June 2024. This travelwas allegedly for training in intelligence gathering, surveillance, and the use of drones for the purpose of overturning the government.
Lukwago is also alleged to have known that Dr Besigye and Hajji Obeid Lutale traveled to Nairobi in November 2024 specifically to further the coup plot.
Prosecution Evidence
To prove these allegations, the State says it intends to rely on covert recordings including audio and video recordings of international meetings made by Andrew Wilson. They also intend to rely on digital forensics such as alleged extracts of WhatsApp conversations between Dr Besigye and the government spy.
The prosecution also intends to rely on immigration records to confirm the movement of individuals it alleges were involved in the conspiracy, including those who travelled for the alleged training. It further contends that Lukwago acted with “common intention” and in concert with the alleged principal conspirators, which, according to the State, makes him legally responsible for failing to report the alleged treasonous plot.
In the context, common intention implies that Lukwago shared a unified criminal purpose with the other alleged conspirators and acted together with them to achieve it
Current Status and Health Concerns
Since his abduction on June 15, 2026, and remand on June 20, 2026, Lukwago’s health has deterioratedsignificantly, a matter that was confirmed in a report after an assessment by specialists at Mulago National Referral Hospital. He has told the court that he suffers from a spinal condition requiring a specialised orthopaedic pillow, hearing impairment requiring assistive devices, and chronic pain that has left him dependent on sedatives to sleep among other things.
On July 24, 2026, the High Court is expected to hear a fresh bail application in which Lukwago seeks release to travel to India for specialised medical treatment.
AGORA’s view
Following the indictment and committal of Lukwago to the High Court, AGORA Uganda reiterates the importance of upholding constitutional protections, due process, and the principles of natural justice in this and all matters before the court.
Lukwago’s case comes amid concerns about his health while in custody. Since his abduction, torture and subsequent remand, there has been a noted deterioration in Lukwago’s his health. These concerns have also been raised before court, with reference made to a medical assessment by specialists at Mulago National Referral Hospital. AGORA Uganda reminds Ugandan authorities of their obligation to ensure that all persons deprived of liberty are treated with dignity and have access to necessary medical care and support.
In keeping with the principle of sub judice, AGORA Uganda does not comment on the guilt or innocence of the accused. Every accused person is presumed innocent until proven guilty by a competent court of law. Under Section 25 of the Penal Code Act, the burden rests on the prosecution to prove beyond reasonable doubt that the accused had actual knowledge of an alleged treasonous plan and failed to report or take reasonable steps to prevent it.
The prosecution has indicated that it intends to rely on evidence including covert audio and video recordings, digital communication extracts, travel records, and other materials. For a fair trial to take place, the defence must have full and timely access to all evidence relied upon by the State to ensure equality of arms and a meaningful opportunity to challenge the prosecution’s case.
AGORA Uganda calls for a transparent, impartial, and expeditious trial process that respects the Constitution, protects fundamental rights, and ensures that justice is served through due process and the rule of law.
