KAMPALA - High Court judge Emmanuel Baguma is expected to decide today, October 15, 2025, whether to recuse himself from a case in which four-time presidential candidate Dr Kizza Besigye and his aide, Hajji Obeid Lutale, are accused of treason.
Last week, Besigye asked Baguma of the Criminal Division of the High Court to recuse himself from the case, citing bias.
Besigye and Lutale claimed that they were perturbed by Baguma’s remarks in the mandatory bail ruling application when he stated that he was neither aware of the proceedings before the General Court Martial, yet it had been attached to the application and presented to him by their lawyers.
Besigye wondered if it was either bias or incompetence on the part of the judge to fail to read and/ interpret the documents which were clearly attached to the case file.
The duo is represented by Kenyan lawyer Martha Karua, Earnest Kalibbala, Erias Lukwago, and Fred Mpanga.
Besigye argued that they were committed before the International Crimes Division of the High Court whose composition and processes are different, yet his case is being handled by a judge from the Criminal Division.
Besigye also informed the court that he and Lutale have since filed a complaint before the Judicial Service Commission, seeking Baguma’s removal from office, citing incompetence and bias he exhibited during the hearing and ruling in their application for mandatory bail.
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.
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 purposes 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 organising 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.