Dr Besigye

KAMPALA. Veteran politician Dr Kizza Besigye and his co-accused businessman Obeid Lutale have for the second time stood their grounds not appear High Court Judge Emmanuel Baguma despite the judge insisting on hearing their bail applications . Through their legal team, both incarcerated politicians maintained Baguma is a biased judge .

The duo , who have been on remand since November last year on treason charges, argue that the case should instead be handled by the International Crimes Division (ICD) of the High Court, where the Nakawa Chief Magistrates Court initially committed them.

During a tense session yesterday, defence lawyer Erias Lukwago filed a fresh application under Rule 6(3)(b) of the Constitutional Refusal of Judicial Officers Directions, seeking the judge’s withdrawal from the case. “We are not raising an appeal. We have grounds for recusal that are totally different from the earlier application you disposed of. This is a fresh application with different instructions,” Mr Lukwago told the court.

Senior State Attorney Richard Birivumbuka opposed the move, arguing that the matter had already been settled. “The application he is seeking to make was already heard and determined. This is an abuse of court process,” he said, adding that Mr Lukwago had cited the wrong rule. Justice Baguma agreed with the prosecution, stating: “I have perused this file and noted that the application for recusal was made, considered and dismissed on August 19.

Since this case was coming for directions, I hereby direct that this application will proceed with a hearing in the presence of the applicants on October 8. The registrar will issue a warrant of production for the applicants before that date.”

Mr Lukwago protested, saying he had no instructions to continue beyond raising the recusal issue. Outside court, he outlined three reasons for rejecting the judge: that the file should be before the ICD, that Justice Baguma’s earlier remarks showed prejudice, and that judicial practice discourages a judge who has already denied bail from hearing a second application involving the same suspects.

“Dr Besigye and Mr Lutale will not appear before a biased judge. Our prayer is for this bail application to be reallocated to another judicial officer,” he said. Despite the defence’s stance, Justice Baguma maintained control of the file, setting October 1 for trial and October 8 for the bail hearing.
Background

The treason case arises from allegations that the two conspired to overthrow the government, charges they deny.
Their first bail application, based on having spent more than 180 days in custody without trial, was rejected last month.
For now, both men remain on remand as the standoff over judicial impartiality continues.