Besigye lawyer challenges judge's refusal to step aside in treason case

KAMPALA - The lawyers representing four-time presidential candidate Dr Kizza Besigye have today, October 15, 2025, raised fresh legal concerns after a judge declined to recuse himself from their client's treason case, prompting an application for constitutional interpretation regarding judicial impartiality.

Defence lawyer Earnest Kalibbala has asked Justice Emmanuel Baguma to refer to the Constitutional Court the question of whether a judicial officer against whom a complaint has been lodged by the accused persons, seeking his or her removal from office, is impartial and independent, 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 the Judicial Service Commission can preside over the trial of the complainants," Kalibbala argued.

Besigye in the dock interacts with his lawyers. (All Photos by Mpalanyi Ssentongo)

He contends that the grounds of the petition in which Besigye and his aide, Hajji Obeid Lutale, seek Baguma's removal from office on allegations of bias and incompetence, is for it (JSC) to determine.

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.

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.

Besigye's lawyer Erias Lukwago interacts with MP Ssemujju Nganda and other People’s Front for Freedom (PFF) officials before court proceedings.

Allegations

Prosecution alleges that Besigye, Lutale, Oola and others still at large between 2023 and November 2024 at various places/countries including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in Uganda, contrived a plot act by force of arms to overturn the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.

According to the charge sheet Besigye, Lutale, Oola and others still at large between 2023 and November 2024, in the same countries, knowing that another person intended to commit treason, did not give information thereof with all reasonable dispatch to the minister, an administrative officer, a magistrate or an officer in charge of a police station or use all reasonable endeavours to prevent the commission of treason.

Particulars of overt acts

Prosecution alleges that the accused persons travelled to various countries, including Switzerland, Greece and Kenya, for the purpose of attending meetings to further the plot to overturn the Government of Uganda.

Court documents indicate that the accused persons attended meetings with various individuals both physically and virtually in various places, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in furtherance of the plot to overturn the Government of Uganda.

According to the court documents, the accused persons provided logistical support and organised for several Ugandan citizens to travel to Kisumu, Kenya for the purpose of receiving training in various military and intelligence gathering techniques.

It is further alleged that the trio solicited for military, financial and other logistical support to overturn the Government.