DPP Asks Court to Reject Besigye’s Attempt to Halt Treason Trial.

The Office of the Director of Public Prosecutions (DPP) has opposed an application seeking to halt the treason trial of opposition politician Dr. Kizza Besigye and has also urged the High Court to reject a bail request filed by his defense team.

Through Chief State Attorney Richard Birivumbuka, the DPP argued that the defense is employing legal tactics deliberately aimed at stalling the proceedings.

The application for a stay of the trial came before High Court Judge Emmanuel Baguma on Monday for hearing, following months of legal back-and-forth between the prosecution and Besigye’s lawyers. Dr. Besigye, together with his co-accused Obeid Lutale and Captain Denis Oola, is charged with treason for allegedly plotting to overthrow the government of President Yoweri Museveni.

The prosecution alleges that the accused held meetings in several cities, including Geneva, Nairobi, and Kampala, where they allegedly sought funding, weapons, and organised paramilitary activities. Dr. Besigye is further accused of conspiring with a Kurdish intelligence agent and plotting to assassinate the President using drone technology. In response, Besigye’s lawyers, led by Ernest Kalibbala, asked court to stay the proceedings pending the determination of a constitutional petition challenging the impartiality of the trial judge.

The petition, currently before the Constitutional Court, questions the fairness of the trial, particularly Judge Baguma’s role. It argues that the judge cannot fairly preside over the matter since he is the subject of a complaint before the Judicial Service Commission by Besigye and Lutale, in which they accuse him of bias and incompetence and seek his removal from office.

Kalibbala submitted that the constitutional issues should be resolved first to guarantee a fair trial, warning that proceeding before their determination risks rendering the process unjust. He further argued that prolonged delays within the judicial system and the significant public interest in the petition justify urgent attention. The defence contended that granting a stay would allow the Constitutional Court to pronounce itself on the matter before the trial proceeds, thereby ensuring the proceedings are free from future legal challenges related to fairness.

Kalibbala also warned court against creating an “absurdity” by proceeding with the trial, noting that the accused are not convicts and that Dr. Besigye has previously been granted bail on treason charges and has always returned to court. The defence further argued that the State has continued to prosecute Besigye on treason charges over the years without securing a conviction, which they said amounts to an abuse of court process. In addition to the stay application, Kalibbala made an oral application for bail for Dr. Besigye and Lutale, seeking their temporary release pending the determination of the constitutional petition.

For Dr. Besigye, the proposed sureties included Bukonjo East MP Harold Tonny Muhindo, Kira Municipality MP Ibrahim Ssemujju Nganda, and former Leader of Opposition in Parliament Phillips Wafula Ogutu. The defence argued that Besigye’s advanced age—nearly 70 years—his clean criminal record, previous compliance with bail conditions, and the early stage of the trial justified his release. They also cited Uganda’s average life expectancy of about 70 years as a factor warranting bail.

For Lutale, the proposed sureties were his uncle, Kato Isa Lutale, and his wife, Harima Nagitta Lutale. Kalibbala argued that the sureties were substantial and capable of ensuring compliance with bail conditions. However, Chief State Attorney Richard Birivumbuka strongly opposed both the application for a stay and the bail request, arguing that the defence was simply attempting to delay the trial through repeated legal maneuvers.

Birivumbuka said the prosecution had been ready to proceed with the case for months and accused the defence of filing multiple applications aimed at frustrating the judicial process. He maintained that the constitutional issues raised should be handled by the Constitutional Court without halting proceedings in the High Court. He also opposed the bail application, arguing that Besigye’s proposed sureties were politically affiliated and “subscribed” to him, describing them as insufficiently independent to guarantee compliance with bail terms.

Birivumbuka further expressed concern that Besigye’s political influence could interfere with witnesses and undermine the trial. The prosecutor dismissed claims of undue delay, arguing that many postponements had been caused by the defence itself. He urged court to deny bail, warning that releasing the accused would only prolong proceedings and undermine the administration of justice. Birivumbuka, accompanied by Assistant DPP Thomas Jatiko, asked court to dismiss both the application for a stay of proceedings and the bail request, arguing that granting either would set a dangerous precedent.

After hearing lengthy submissions from both sides, Judge Emmanuel Baguma adjourned the matter to December 23, 2025, when he will deliver his ruling on whether the trial will be stayed and whether Dr. Besigye and Obeid Lutale will be released on bail. The ruling will be delivered via email, with the judge directing that parties should not physically appear in court.

Captain Denis Oola, who is jointly charged but was not party to the applications by Besigye and Lutale, was present in the dock throughout the proceedings. Court sat without a break from morning until 4:00pm in a fully packed courtroom. Judge Baguma indicated that Captain Oola’s bail application will be scheduled for hearing after the ruling on the pending applications.