Opposition leader case Dr. Kizza Besigye’s case has suffered a setback yet again after the General Court Martial decided to adjourn the hearing to a later date. It is now entangled in the detention of Eron Kiiza, a lawyer representing Besigye, amid growing tensions between the defense team and the court.

Kiiza, the lead defence counsel for Besigye, was at the centre of the fierce confrontation that saw him detained. He was thrown into the same caged dock where his clients, Besigye and Obeid Lutale, had been confined earlier in the day after a fierce confrontation with the prosecution. The drama unfolded when Judge Advocate Brigadier-General Richard Tukacungurwa accused Kiiza of contempt of court.

This is not the first time tensions have flared in the courtroom: during proceedings last December, Kiiza and Judge Tukacungurwa got into a similar argument, with the military officer threatening to throw Kiiza in jail for contempt. The tit-for-tat between the defense and the court seems to be ratcheting up; now Kiiza’s detention lies at the center of controversy and further delays in the case.

General Freeman Mugabe, Chairman of the Court Martial, said Kiiza was warned several times over his actions, which, he said the court felt overstretched its patience. He said that the court would deal with Kiiza’s case after the court proceedings were complete. “The court must remain silent and respectful,” an attempt by Mugabe to restore order in the chaotic situation.

But the defence does not seem to retreat. Senior counsel Martha Karua, a heavyweight in the defence team, hit out at the court’s move, saying the defence was still in the dark over Kiiza’s detention and that the team would not proceed with the case before the matter was cleared.

“We have instructions not to proceed with receiving the ruling until the fate of Eron Kiiza is resolved,” Karua said, insisting that the legal team would not proceed without one of their members. She added that the treatment of Kiiza had been unfair and inhumane.

Article 28 of Uganda’s constitution guarantees the right to a fair trial, Karua noted, adding that Kiiza’s contribution is fundamental for the defense. “An advocate shall not be denied access to the court,” she pleaded. “There was an attempt to assault him. This is life and death.”.

Her concerns were echoed by her colleague, lawyer Eiras Lukwago, who equally questioned the actions of the court. He said the court was acting contrary to law and asked if the defense had a right to be heard. “Don’t conduct this as an LC court,” Lukwago told the court for acting on orders from the judge advocate rather than law.

Lukwago also complained that the defense could not have access to Besigye, currently held in Luzira Maximum Prison. “Even when you go to Luzira, you can’t see Dr. Kizza Besigye,” he lamented, highlighting the difficulty they were facing in preparing a defense for their client.

However, Judge Advocate Tukacungurwa hit back in defense of the court. He reminded the defense lawyers that he was duty-bound to advise the court on legal matters. “This court is not a tribunal, and to refer to it as such is contempt of court,” he said, reiterating.

The defense lawyers continued to push back, with Karua accusing the court of abusing the permissions it had given it. She further criticized the court’s handling of the case, saying these delays, coupled with the treatment of the defense lawyers, were damaging the image of the judiciary.

Meanwhile, prosecution added to the fire when it questioned the locus standi of the defence lawyers to file some documents on the grounds that only three lawyers were mandated to represent Besigye and Lutale. It said some lawyers had filed documents without written instructions. However, Besigye himself dismissed the claims, saying all his lawyers had got his instructions to represent him in the case.

Besigye explained that all his lawyers had been given authority to represent him, even when their written instructions were not filed. “The ones who gave authority are here. They are not the only ones who were given authority,” Besigye defended the lawyers who appeared in court for him.

With tension rising in the court, the defense would not allow any ruling before the issue of Kiiza’s detention was resolved. On this basis, General Mugabe sought a further adjournment, moving the proceedings to January 13.

But just before adjourning, General Tukacungurwa dropped the bombshell, announcing that he was going to amend the charge sheet and “add another person.” He did not say who this other person could be, but his remarks just added to the uncertainty and tension in an already volatile courtroom.

Tukacungurwa also accused Karua of contempt of court in that dramatic session and thus further polarized the stand-off between the defence and the court in general. Needless to say, no settlement of such has come out of it since then, and things are truly headed in only one direction.

This latest delay in the Besigye case highlights the deepening divide between the defense and the court and raises serious concerns about the fairness and transparency of the proceedings. All eyes will remain on the courtroom as, with the case now on hold until mid-January, a standoff between the legal teams and the military court mounts.