Uganda opposition leader Dr Kizza Besigye’s rejection of legal representation by a lawyer he did not instruct was not only puzzling, but it also unearthed defects in the charge sheet.

The EastAfrican has learnt that when Dr Besigye was charged for a second time in as many days before official court hours, the charge sheet on which Nakawa Chief Magistrate James Ereemye remanded him had not been sanctioned by the Director of Public Prosecutions (DPP), contrary to what Article 120 of Constitution of Uganda stipulates for such a case, said Ladislous Rwakafuzi, a human rights lawyer in Kampala.

Dr Besigye, the runner up in the February elections that returned President Museveni to power declined lawyer Shifra Lukwago representation. Now The EastAfrican has been told that Dr Besigye and his team of lawyers might have deliberately chosen the route of no legal representation not to give legitimacy to a trial they consider legally flawed. He was remanded until June 1.

In court, alone

Over 15 years of appearing in court frequently Besigye has built a large team of lawyers who represent him. But last week he appeared on his own both in Moroto and in Kampala when the charges were read out to him.

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Police is obliged to prefer charges against the accused then forward the case file (charge sheet) to the DPP’s office for advice.

A lawyer close to the Besigye camp but who refused to speak on record said, “Besigye knows that these are not real charges, he knows they are flimsy so he could not seek to legitimise them by seeking legal representation.”

On his part, Mr Rwakafuzi said the charges read out in court and the ingredients contained in Section 23 of the Penal Code Act for the capital offence charge of treason do not read alike explaining Besigye’s reluctance on legal representation.

Besigye and his Forum for Democratic Change Party (FDC) and other contestants have rejected the election results declared by the Electoral Commission chairman Badru Kiggundu and have since demanded an international audit of the cast votes.

Government has rejected this call on grounds that there is no law in the country supporting it.

“Charging a person twice (on the same offence) is unprecedented and alien to our legal system and jurisprudence. Legally, a person is charged and tried within the geographical limits in which they committed an offence and a trial outside geographical limits is a nullity,” said Asuman Basalirwa, a city lawyer and Justice Forum party president.

With over 45 criminal cases preferred by the state against Dr Besigye, he is the most frequently arrested and charged opposition figure in Uganda.

On June 1, he is expected to appear in court for the mention of his treason case. Two weeks later he will appear in another court for disobeying lawful orders at Kasangati magistrate’s court.