Opposition politician Dr Kizza Besigye and his aide Obeid Lutale have maintained that High Court Judge Emmanuel Baguma should recuse himself from handling their second bail application in an ongoing treason case.
The two suspects, through their lawyer Elias Lukwago, have objected to Justice Baguma’s continued involvement, arguing that he has already demonstrated bias. Lukwago contends that the judge previously advised the accused to cease pursuing bail and instead focus on the substantive trial, a remark the defence team interprets as prejudicial.
Lukwago further argues that Justice Baguma is handling the matter irregularly, as the treason case had been committed to the International Crimes Division (ICD) by the Nakawa Magistrates Court. Therefore, according to him, any subsequent bail proceedings should be heard within the ICD framework.
The defence also cited procedural concerns, noting that under existing court practice directions, a judge who has already ruled on a bail application should not preside over subsequent applications for the same accused persons.
Despite these objections, Justice Baguma has scheduled a hearing for 8th October 2025, ordering that Dr. Besigye and Hajji Lutale appear in person to present their arguments for his recusal.
Baguma has also issued Production warrants directing the Uganda Prisons Service to ensure the suspects are brought to court on that date.
Meanwhile, the same court has also summoned the pair to appear on 1st October 2025 for the start of their trial on treason charges. They have been in remand since November 2024.
The current dispute stems from an earlier bail application, in which Besigye and Lutale had sought release on grounds that they had exceeded 180 days on remand without trial. Justice Baguma dismissed the application, prompting the defence to file a second application, which is now the issue under contention.
This is the third time that Besigye and Lutale are asking for bail from the High Court Criminal Division. In April 2025, Besigye and Lutale sought a grant of bail, but Criminal Division Judge Rosette Kania Comfort dismissed it, citing a high risk of interference with investigations and the seriousness of the treason charges.
Besigye and Lutale also sought mandatory release on bail in May before the Nakawa Chief Magistrates Court, but the same was dismissed for lack of jurisdiction since he was charged with capital offences.
Besigye and Lutaale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded until next month as they await trial on charges of treason and misprison to commence.
Prosecutors allege that the trio, while in various cities including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in Uganda, solicited for firearms, logistical and financial support and attended meetings with intentions to overthrow the current government of Uganda.
According to the disclosed evidence, these meetings reportedly involved foreign operatives, including a Kurdish intelligence agent (labelled as AW), with whom Besigye discussed military training, sabotage, and even an assassination attempt on President Yoweri Museveni via a drone strike.
The Director of Public Prosecutions further claims that Besigye solicited and received $5,000 from AW to fund the transportation of 36 Ugandans to Kisumu, Kenya, for paramilitary training. This group was arrested before the training began and deported to Uganda, where they were charged with Terrorism.
The prosecution states that the operation was reportedly recorded and monitored by (AW), who was working closely with Ugandan military intelligence.
Besigye is further accused of requesting military-grade weapons, including surface-to-air missiles, counterfeit currency, and ricin poison, while targeting critical military installations, including major Barracks across Uganda.
The evidence to be relied on at the trial by the state includes video and audio recordings, social media chats, immigration logs, and call records.
Besigye and Lutale were arrested on November 16 2024, in Kenya, allegedly with pistols and other items, while Captain Oola was reportedly recruited in the plot in October 2023 and expressed support for the coup via WhatsApp. The state alleges that all the accused acted with common intention and failed to report the planned treasonous acts to the police or a magistrate.