Veteran opposition politician Dr. Kizza Besigye and his co-accused Hajji Obeid Lutale have instructed their lawyers to demand the recusal of Justice Emmanuel Baguma from their upcoming treason trial, scheduled to begin on September 1.
At a press conference held at the People’s Front for Freedom (PFF) Katonga headquarters, Eron Kiiza, one of the duo’s lawyers, said the defendants had refused to attend proceedings before Justice Baguma, citing concerns of bias and incompetence.
“We respectfully urge Justice Baguma to return the file to the International Crimes Division Court or back to Nakawa Court, as Besigye and Lutale have refused to proceed before him since he withheld their file, which was initially committed to the ICD court. Given his demonstrated partiality from the outset, it’s clear he cannot provide a fair hearing to them,” Kiiza stated.
Kiiza explained that Justice Baguma had demonstrated bias, particularly by denying their bail applications, which has caused significant delays in the hearing process.
Adding to the concerns, lawyer Kato Tumusiime accused the judge of failing to conduct a fair hearing and implied that Justice Baguma is influenced by the authorities that appointed him to the High Court.
“This is the same reason we’ve written to the Uganda Law Society to express their views on biased and non-independent judges who are politically motivated and seem to serve those who appointed them, possibly in hopes of promotion,” Tumusiime said.
The lawyers’ statements come after the High Court in Kampala dismissed a mandatory bail application filed earlier this month by Besigye and Lutale’s legal team, led by Senior Counsel Martha Karua and Erias Lukwago.
The court ruled that the defendants had not met the 180-day remand requirement before committal to the High Court.
In his ruling, Justice Baguma clarified that the remand period was counted from February 21, 2025, when the duo were charged at Nakawa Chief Magistrate Court, rather than their initial detention on November 20, 2024, by the General Court Martial.
The Besigye-Lutale legal team insists that proceeding under Justice Baguma would deny their clients a fair and impartial trial, emphasizing their call for the case to be reassigned.
