KAMPALA – High Court Judge Emmanuel Baguma is expected to rule Thursday, Nov. 6, 2025, on an application to refer the treason case of four-time presidential candidate Dr. Kizza Besigye and his aide, Hajji Obeid Lutale, to the Constitutional Court.
In the previous session on Oct. 1, Besigye’s lawyers questioned the judge’s integrity and fitness to proceed while he is under investigation by the Judicial Service Commission (JSC). The defense team, led by Ernest Kalibbala, asked the court to determine if a judge who is the subject of a JSC complaint from the defendants can be considered impartial.
This followed Judge Baguma’s refusal to recuse himself from the case for a second time. He stated that defendants cannot use unfavorable court rulings to make false allegations of incompetence or bias. The judge noted that despite the complaint, the JSC has not barred him from hearing the case.
The defense argues that the situation requires a constitutional interpretation. They filed an application asking whether a judicial officer can be impartial while facing a removal petition from the accused, citing 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 brought before the JSC can preside over the trial of the accused persons,” Kalibbala argued.
Chief State Attorney Richard Birivumbuka opposed the application, contending the issue was not one for constitutional interpretation. He stated the court has been fair to the defendants’ rights since the case began and asked the judge to dismiss the application for lack of merit. He was assisted by Assistant Director of Public Prosecutions Thomas Jatiko.
Besigye and Lutale are jointly charged with treason alongside Uganda People’s Defence Forces (UPDF) officer Capt. Denis Olaa, who is attached to the armored brigade. All three also face charges of misprision of treason. The offenses carry a maximum sentence of death upon conviction.
Allegations
Prosecutors allege that Besigye, Lutale, Olaa and others still at large conspired between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and Uganda, to overthrow the Government of Uganda by force.
The charge sheet also states the defendants, knowing another person intended to commit treason, failed to inform Ugandan authorities to prevent it, constituting misprision of treason.
