Former presidential candidate Kizza Besigye and two co-accused have filed a petition in the Constitutional Court seeking to halt their ongoing criminal trial at the High Court, citing concerns over judicial impartiality.
During a session at the High Court Criminal Division convened for plea-taking and scheduling on Thursday, December 4, defence lawyer Ernest Kalibbala informed the court that his team had acted on instructions from their clients to challenge the criminal proceedings in the Constitutional Court.
The petition challenges the decision of Justice Emmanuel Baguma, who declined to recuse himself despite requests from the defence, asserting that he is not impartial.
Central to the petition is the refusal by Justice Baguma to grant Dr Besigye and the co-accused bail, even after spending over 360 days in custodial remand--argued by the defence as a violation of their right to mandatory bail under Article 23(6)(c) of the Constitution of Uganda.
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"The refusal to grant bail, coupled with the judge's decision not to recuse himself, forms the basis of our assertion that the accused are being denied a fair hearing under Article 28 of the Constitution," Mr Kalibbala told the court.
The defence has formally moved under Article 137 of the Constitution to lodge a Constitutional petition, seeking a review of the entire criminal trial.
High-profile defence team members, including senior Kenyan advocate Martha Karua and Kampala Lord Mayor Erias Lukwago, have highlighted the plight of the accused, emphasizing the need for impartial judicial proceedings.
Justice Baguma temporarily halted plea-taking to first address the application for a stay of proceedings.
The prosecution has until December 11 to respond in writing, after which the defence may file rejoinders by December 18.
The court is expected to rule on the matter on December 22.
Dr Besigye faces treason and and misprison of treason charges alongside his aide Obeid Lutale and a military officer Denis Oola.
The trio was apprehended in Kenya in November 2024 and brought to Uganda.
Initially tried in the Military Court Martial, the trial was transferred to the civilian High Court following a landmark Supreme Court judgment of January 31 that halted all civilian trials in military court.
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