It is approximately eleven months eversince Dr. Kizza Besigye and Hajji Obeid were abducted in Kenya on November 16, 2024 but each court appearance has been characterised with Judicial gimmicks and exasperation.
Right from the court martial of November 20, 2024, Supreme Court ruled against civilian trials, mandatory bail applications (both in civil and criminal divisions), to judge turning into a complainant in his own court.
On Wednesday morning, the accused came expecting a ruling in their favour accusing judge Emmanuel Baguma of “gross incompetence and bias,” but instead, an opposite ruling was issued.
Besigye and his co-accused Lutale dragged judge Baguma to the Judicial Service Commission, JSC complaining over alleged bias arising from their frustrated bail applications allegedly filled with opinionated ruling suggesting that instead of applying for bails, the accused should instead concetrate on the main application.
It is upon this background that on October 8, 2025, Besigye personally addressed court after earlier denial by the same judge for Besigye to addres court, the duo accused Baguma of gross incompetence and bias before he filed a judicial rescusal.
Another issue he raised was that their matter was in a wrong court because the accused said they’re in criminal division, and yet, the indictment documents state International Criminal Division.
In a courtroom filled with lawyers, friends, relatives, supporters, journalists, and other public members, whose expectations for a ruling in their favour was positive.
In the contrary, Baguma ruled in his favour, saying that he still believes and thinks he is competent and impartial and that the case is before the right Court although the indictment was committed to the International Crimes Division.
After this ruling, their legal team led by SC Martha Karua, Lord Mayor Erias Lukwago, Fredrick Mpanga, Ernest Kalibala, Kato Tumusiime, Kakuru Tumusiime, Ssekanjako Abubaker, Proscovia Kunihira, among others, informed Justice Baguma that they will seek constitutional Court interpretation and review to determine whether a judge petitioned against by the accused in the JSC to be found incompetent and biased, and petitioners seek removal from office, can offer a fair ruling and conduct a professional legal hearing against the accused.
The constitutional review application was challenged by the prosecution legal by Richard Birivumba on grounds that application was wrongly brought with the intention of frustrating the matter.
The judge set November 6, 2025, the ruling date, on whether he will allow the accused to run to the constitutional court.
Besigye and Lutale, are facing Treason and misprison of treason together with Capt. Dennis Oola who also contends that a wrong person is being charged, citing that the particular in the charges chargesheet don’t depict the one in Luzira maximum prison.
By Mukose Arnold Anthony