A fresh legal storm is unfolding in Uganda following the arraignment of former Kampala Lord Mayor Erias Lukwago, with lawyer Godwin Toko warning that the charge of misprision of treason could have far-reaching implications for opposition figures and civil society actors.
Lukwago was on Wednesday presented before the Makindye Chief Magistrate’s Court, where he was formally charged with misprision of treason.
The offence, though rarely applied, accuses an individual of failing to report knowledge of a planned act of treason to authorities.
In an analysis shared after the court proceedings, Toko explained that, in simple terms, the state alleges that Lukwago was aware of alleged treasonous intentions linked to opposition figure Kizza Besigye but did not report them.
He described the charge as a “dangerous road” that could widen the scope of state action against individuals associated with government critics.
Toko pointed out that Lukwago is not the first to face such charges. He cited the case of a People’s Front for Freedom (PFF) supporter and Besigye associate who was arrested last year on similar grounds and has remained on pretrial remand since then, with limited progress in the case and no bail granted.
According to the lawyer, the legal threshold for misprision of treason raises concerns because it does not require proof of direct involvement in treason.
Instead, the state only needs to argue that an individual was in a position where they ought to have known about alleged plans and failed to report them.
“This effectively lowers the burden,” Toko noted, warning that the charge could be extended to a wide circle of individuals, including political allies, legal representatives, supporters, and even family members of suspects.
He further cautioned that, depending on how the Lukwago case is handled in court, the precedent could be used to target journalists, activists, and other critics of the government.
The risk, he argued, lies in the potential for “guilt by association,” where proximity to a suspect becomes sufficient grounds for arrest.
The developments come amid ongoing scrutiny of Uganda’s legal and political landscape, with opposition groups frequently raising concerns about the use of the law to manage dissent.
Lukwago’s case is expected to test the application of misprision of treason in Uganda’s courts, with legal experts closely watching whether it will redefine how the offence is interpreted and enforced in politically sensitive cases.