High Court Judge Emmanuel Baguma has declined to recuse himself from the treason case against veteran politician Rtd Col Dr. Kizza Besigye and his aide Hajji Obeid Lutale.
Justice Baguma was requested to withdraw from the case hearing last Friday after Besigye’s defence team of Lukwago & Co. Advocates raised serious concerns over procedural delays and alleged bias from the judge towards their clients in handling the case.
In a letter dated August 15, 2025, filed by Lukwago & Co. Advocates on behalf of the applicants, the defense argued that the prolonged delay in fixing a hearing date despite the case having been filed in April 2025 coupled with the dismissal of their earlier bail application, raised serious concerns regarding procedural fairness and the possibility of judicial partiality.
“This is the third bail application, and the accused is not interested in pursuing it before a judicial officer who has already expressed a fixed opinion on the matter,” Lukwago told the court.
Lukwago further noted that Justice Baguma had previously taken the view that pursuing bail was futile, suggesting instead that the case should proceed directly to trial.
However in reply to the defence’s request to have him step down from the trial, Justice Baguma has written to Lukwago and Co. advocates saying he will remain hearing the case since the defence lacked advanced good reasons for bias and had no right to choose the judge to hear the case.
“Counsel should be aware of the principle that the applicants have no right to forum shop and choose which judge should or should not hear their cases. It should be noted that, early this year, the applicants filed an application for bail in this division which was handled by my sister Judge, Justice Comfort Kania” he noted.
He added, “Equally, the applicants filed a revision application which is being handled by my brother Judge, Justice Andrew Khaukha. This shows that it is not only this court handling the applicants’ cases. This further shows how the division has been considerate in handling the applicants’ matters”.
Justice Baguma dismissed the defense’s application for his recusal stating that the bias concern raised by the defence team is “a mere figment of their imagination”.
Justice Baguma further ordered the defence lawyers to appear before his court for scheduling and directions of the application on Tuesday next week at 11 am.
