KAMPALA . Incarcerated veteran Opposition politician, Dr Kizza Besigye, say their client has instructed his private lawyers not to appear before High Court judge Emmanuel Baguma, whom they accuse of bias.
Addressing a press conference on Tuesday at the People’s Front for Freedom (PFF) headquarters in Kampala,Kato Tumusiime said Dr Besigye and his co-accused, Mr Obeid Lutale, had directed them to boycott all proceedings presided over by Justice Baguma.
“We have clear instructions from our clients not to appear before a judge who has taken sides,” Mr Tumusiime told journalists.
“This judge is not independent. His decisions are not based on law but on the interests of those who appointed him,”
Eron Kiiza ,another lawyer accused Justice Baguma of handling Besigye’s cases “against logic, the law, and morality,” questioning why a judge from the Criminal Division would take on matters initially committed to the International Crimes Division (ICD).
“The files were grabbed from the ICD and are now under his control,” Mr Kiiza claimed.
Earlier on August 26, another of Dr Besigye’s lawyers, Mr Frederick Mpanga, appeared before Justice Baguma regarding Besigye’s second ordinary bail application.
Mr Mpanga informed court that his colleague, Ernest Kalibaala, had rushed to Luzira Prison to consult Besigye on whether the defence should continue appearing before the judge. “My lord, I am not in a position to proceed without the applicants’ final instructions,” Mr Mpanga submitted. He requested an adjournment, which prosecutors Thomas Jatiko and Richard Birivumbuka from the Directorate of Public Prosecutions (DPP) did not oppose.
Justice Baguma granted the adjournment, ruling briefly: “I have carefully listened to both counsel. The request is hereby granted.”
The fallout The fallout stems from Justice Baguma’s recent decision denying Besigye mandatory bail, ruling that the politician had not yet served the minimum 180 days in detention required to qualify.
Besigye’s lawyers, under Lukwago & Co. Advocates, responded by petitioning Justice Baguma to step down from handling all his cases, accusing him of deliberately delaying bail applications despite repeated follow-ups.
However, Justice Baguma rejected the recusal request, saying the defence had failed to provide convincing grounds. Efforts to reach Mr James Ereemye Mawanda, the Judiciary spokesperson, for a comment on the allegations against Justice Baguma were unsuccessful by press time.
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“This judge is not independent. His decisions are not based on law but on the interests of those who appointed him,” Counsel Kato Tumusiime said on behalf of Dr Besigye and his co-accused, Obeid Lutale.