Africa-Press – Uganda. The High Court, December 23, 2025, deliver its ruling on applications filed by opposition politician Dr Kizza Besigye and his aide, Hajj Obeid Lutale, seeking a stay of their criminal trial and their release on bail.
Justice Emmanuel Baguma said the ruling will be communicated to all parties by email after the court heard lengthy submissions from both the defence and the prosecution during a session that ran until 4:00 PM on Monday.
Besigye and Lutale asked the court to halt proceedings pending the determination of a petition in the Constitutional Court challenging Justice Baguma’s impartiality.
The petition follows a complaint lodged with the Judicial Service Commission accusing the judge of bias and incompetence.
Lead defence lawyer Ernest Kalibbala argued that the High Court has the authority to grant interim relief to preserve the integrity of the constitutional process and protect the applicants’ right to a fair trial.
“The court has power to grant… all the remedies that a party might seek… to do justice to the parties and to secure a fair trial,” Kalibbala told court, citing the inherent powers provided under Section 37 of the Judicature Act.
The defence also pressed for bail, arguing that Besigye, who is approaching 70 years of age, has consistently complied with bail conditions in previous cases and should not remain in custody while constitutional questions remain unresolved.
Erias Lukwago warned that proceeding with the trial before the Constitutional Court pronounces itself would defeat the purpose of the petition.
“Do not leave the applicants as lodgers in Luzira… Do not let them spend a second Christmas in incarceration,” Lukwago urged.
The Office of the Director of Public Prosecutions strongly opposed both the stay of proceedings and the bail application.
Chief State Attorney Richard Birivumbuka described the applications as an attempt to derail the trial.
“This is a clear abuse of legal process,” Birivumbuka submitted, arguing that the defence was using “every available opportunity to delay the proceedings” and that the High Court lacks jurisdiction to stay a trial on the basis of a pending constitutional petition.
On the bail request, Birivumbuka challenged the suitability of the proposed sureties, including Members of Parliament Ibrahim Ssemujju Nganda and Harold Tonny Muhindo, arguing that their political association with Besigye undermines their independence.
“The sureties are not substantial because they all subscribe to Besigye and he is their master… it is hard for them to compel him,” Birivumbuka said.
Besigye, Lutale and Captain Denis Oola are jointly charged with treason. The prosecution alleges that the accused held meetings in Geneva, Nairobi and Kampala to plan paramilitary activities and an assassination of the President using drone technology.
Justice Baguma indicated that while the ruling on Besigye and Lutale will be delivered today, Captain Oola’s bail application will be fixed for hearing after the decision is issued. The court also allowed the withdrawal of an earlier application to stay proceedings, leaving the current ruling to address the fresh constitutional issues and the oral bail application.
The judge directed all parties not to appear physically in court, confirming that the ruling will be delivered remotely.
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