Besigye challenges judge in treason case

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Four-time presidential candidate Dr Kizza Besigye, who is battling charges of treason, has written to a High Court judge, asking him to cite a law that bars an accused from raising concerns in court.

In a letter filed in the court on October 2, 2025, Besigye says he will consider the law Justice Emmanuel Baguma of the Criminal Division of the High Court will quote to guide him in raising his concerns to the court.

“I request you to point out the provision of the law that bars an accused person from raising concerns in the court pertaining to their trial during any audience with the judge in the presence of their lawyers,” Besigye says.

Besigye adds that he finds it strange and oppressive if he cannot raise a concern directly in open court.

“If each time a written submission of the concern has to be made and a time fixed for you to respond, the case may never be concluded. Meanwhile, I remain confined in prison,” he says.

Besigye wrote the letter after Baguma declined his request to raise concerns in court on the grounds that he is being represented by lawyers.

The judge instead asked Besigye to put his concerns in writing, which he will respond to on October 8, 2025.

Besigye and Lutale are jointly charged with treason and misprison (concealment) of treason alongside Capt. Denis Oola, a Uganda People’s Defence Forces officer attached to the Armoured Brigade.

Treason carries a maximum penalty of death upon conviction, while misprision of treason is punishable by life imprisonment.

Court drama

Last Wednesday, tensions ran high in the High Court as Besigye clashed with Justice Baguma over denying him a chance to air out his concerns in court.

The lawyers, court staff and prison wardens looked on in awe as Besigye exchanged words with the judge.

“Do you mean that I am not allowed to speak in court?” Besigye charged as the judge denied him an opportunity to air out his concerns.

In response, Baguma insisted that Besigye should put his issues in writing.

The mid-morning stalemate started when Besigye raised his hand while in the dock and said: “Good morning, my lord. I would like to raise a matter of concern before we proceed with this business.”

In response, Baguma asked Besigye if he was still represented by his lawyers or if he intended to represent himself.

But Besigye said he wished to retain his lawyers but wanted to first express his concerns, pertaining to his appearance before the judge (Baguma).

The judge stated that Besigye was represented by about 10 lawyers, including former Kenyan justice minister Martha Karua, and directed that his concerns be communicated through his legal team. Baguma, therefore, gave Besigye time to consult his lawyers.

When the court resumed after five minutes, Karua informed the court that the legal team did not have sufficient time to take instructions on whatever their client [Besigye] wants to raise in court.

“Besigye still wants to raise his concerns. He believes it is within your power to listen to him,” Karua stated.

After addressing the court, Karua requested that defence lawyer Ernest Kalibbala be allowed to speak, but Baguma said he had already heard their concerns.

At that moment, another defence lawyer, Frederick Mpanga, intervened. 

“My lord, you gave us a short time to speak to our client. So, listen to us so that we let the court know what came out of the deliberations.”

Kalibbala chipped in, arguing that despite Besigye having about 10 lawyers, he retains the right to determine what matters they raise in court.

“My lord, appointing lawyers to represent an accused person does not close the mouth of the party in the dock. Otherwise, in all cases, parties would cease to exist,” Kalibbala contended.

Kalibbala submitted that there was no law prohibiting an accused person from raising issues or responding to queries in court.

The state was represented by chief state attorneys Richard Birivumbuka and Joseph Kyomuhendo, who were ready to proceed with the hearing of the case.

Allegations

Prosecution alleges that Besigye, Lutale, Oola, and others still at large, between 2023 and 2024, in various countries, including Switzerland, Greece, Kenya and in Kampala, Uganda, contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, Besigye, Lutale, Oola and others, still at large, between 2023 and 2024, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which amounts to misprision of treason.