Besigye: Judge to rule on treason case application

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High Court judge Emmanuel Baguma is Thursday (November 6, 2025) expected to decide whether to refer to the Constitutional Court the case in which four-time presidential candidate Dr Kizza Besigye and his aide, Hajji Obeid Lutale, are accused of treason.

In the last court session (October 1), Besigye's lawyers, led by Earnest Kalibbala, raised a matter of integrity and asked whether the judge is fit to proceed with the case when he is under investigation by the Judicial Service Commission (JSC).

Other defence lawyers include Kenyan politician Martha Karua, Erias Lukwago, Fred Mpanga, Farouk Kamulegeya, Abubakkar Ssekanjako and Kato Tumusiime.

This was after the judge insisted on hearing the treason case despite allegations of bias against Besigye and Lutale.

The judge refused to recuse himself from the case for the second time, saying it is not proper for accused persons to use court decisions, which are not in their favour, to make false allegations of incompetence or bias against a judicial officer.

According to the judge, although Besigye and Lutale filed a complaint against him at the JSC, he has not been stopped from hearing the case.

Constitutional interpretation

The defence lawyers requested the judge to refer to the Constitutional Court the question of whether a judicial officer, against whom the accused persons have lodged a complaint seeking his or her removal from office, can be considered impartial and independent while handling the same case, in accordance with the plain and ordinary meaning of Articles 28 and 44 of the Constitution.

“The proceedings before this court require constitutional interpretation because a question has arisen on whether a judge who has been dragged to JSC can preside over the trial of the accused persons,” Kalibbala argued.

The lawyer, therefore, argued that a judge cannot handle a case of an accused person who has dragged him to the JSC, seeking his (judge's) removal from office.

In response, chief state attorney Richard Birivumbuka submitted that the issue raised by the defence lawyers was not for constitutional interpretation. He was assisted by assistant Director of Public Prosecutions Thomas Jatiko.

Birivumbuka said the court has been fair to the applicants' rights from the beginning of the case.

“I pray that the application of the defence lawyers to refer the matter for constitutional interpretation be dismissed for lack of merit,” he requested.

Besigye and Lutale are jointly charged with treason alongside a Uganda People’s Defence Forces (UPDF) officer, Captain Denis Oola, attached to the armoured brigade. They also face charges of misprision of treason. The offences attract a maximum sentence of death upon conviction.

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.