High Court sets December 22 on Bid to Halt Besigye Treason Trial

KAMPALA; The High Court in Kampala has deferred the plea-taking of jailed former presidential candidate Rt. Col. Dr. Kizza Besigye and his aide Hajji Obeid Lutale after their lawyers notified court that they had filed a constitutional petition challenging the impartiality of the trial.

Court has set 22 December to determine whether the treason trial should be halted pending the Constitutional Court’s decision on the petition, which challenges the continued involvement of trial judge Emmanuel Baguma. The judge earlier declined to recuse himself from the case.

In October, Besigye lodged a formal complaint with the Judicial Service Commission, raising concerns over the judge’s impartiality and procedural conduct. No official response has been issued so far.

The application also questions the High Court’s jurisdiction and raises concerns about the alleged misidentification of one of the co-accused, Captain Oola.

Defence attorney Ernest Kalibbala told court that allowing the case to continue would violate due process. “We have already filed an application before the Constitutional Court,” he said.

“Justice Baguma should stay these proceedings until that matter is fully addressed.”

His colleague Martha Karua backed the request, saying the integrity of the judicial process was now a central concern.

Opposition lawyer Erias Lukwago, representing Besigye, accused the state of trying to push the case forward despite unresolved constitutional issues. “Our clients cannot be forced into a trial whose very foundation is being challenged,” he said. “The court must first determine whether Justice Baguma can even preside over this matter.”

However, state prosecutor Thomas Jatiko urged the court to proceed. “The state is fully ready to begin,” he said.

“The public deserves justice, and unnecessary delays only frustrate the justice system.”

Justice Baguma postponed the matter, setting December 22 not only to hear the defence application but also to deliver his delayed ruling on the accused’s bail request.

Speaking to journalists after the session, Lukwago noted that the accused have spent more than a year on remand without taking plea.

“They have never been formally charged in open court,” he said. “Every effort to secure bail or challenge the trial process has been dismissed. We hope this time justice will prevail.”