Another Christmas behind bars looms for Dr Besigye as court defers ruling on stay, bail applications to December 29

Besigye and Lutale had sought bail, arguing they are law-abiding citizens with fixed residences and would comply with all court directives.

The High Court’s Criminal Division has deferred its ruling on applications seeking to halt treason proceedings and grant bail to opposition figure Col (Rtd) Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, pushing the decision to December 29, 2025.

The ruling, which Justice Emmanuel Baguma had earlier indicated would be delivered by email on December 23 at 11:00am, was postponed through a formal letter issued by the Assistant Registrar of the Criminal Division later in the day.

“I have been directed by the trial Judge to inform you that the ruling in the above application will not be ready today 23rd December 2025 as earlier on communicated by the trial Judge,” the letter, signed by Assistant Registrar Ssalaamu Godfrey Ngobi, reads in part.

The registrar further informed counsel for both parties that the ruling will instead be delivered physically in open court on December 29, 2025 at 11:00am, in the presence of the applicants, their lawyers and the State.

“The trial Judge has directed me to inform you that the ruling will be delivered on 29th December 2025 at 11:00am in the presence of the Applicants and their Counsel and the Respondent, not by email,” the letter states.

The court also directed that production warrants be issued to ensure the accused are produced from prison for the ruling.

The deferred ruling follows arguments heard by Justice Baguma on applications filed by Dr Besigye and Mr Lutale seeking a stay of their treason trial pending the determination of a constitutional petition and their release on bail should the stay be granted.

Appearing before court, the defence team, led by Mr Ernest Kalibaala and comprising Kampala Lord Mayor Elias Lukwago, senior counsel Martha Karua and Mr Fredrick Mpanga, argued that the trial should not proceed before the Constitutional Court resolves issues they say go to the heart of a fair hearing.

“Our clients have raised serious constitutional questions whose determination will not only affect them but will also be of benefit to the wider public,” Mr Kalibaala submitted.

He told court that the petition challenges matters including judicial recusal and the computation of time for purposes of mandatory bail, which he described as fundamental to the administration of justice.

“These are matters that go to the root of a fair hearing. Proceeding with the trial before the Constitutional Court pronounces itself risks undermining constitutional safeguards,” Mr Kalibaala said.

The defence cited the case of former MP Michael Kabaziguruka to argue that prolonged detention during litigation could result in injustice if a superior court later rules in favour of the accused.

On bail, Mr Kalibaala urged court to consider whether the accused would return for trial if released, stating that both had previously complied with bail terms.

“The applicants have fixed places of abode and have never absconded court,” he told court, adding that Dr Besigye resides in Buyinja Zone, Kasangati, while Mr Lutale resides in Kisigula Cell, Makindye-Ssabagabo.

He further submitted that Dr Besigye, 69, and Mr Lutale, 66, have no previous criminal convictions, investigations in the case are complete, and the sureties earlier found to be substantial remain available.

However, the prosecution opposed both the stay of proceedings and the request for bail.

Chief State Attorney Richard Birivumbuka described the applications as an abuse of court process aimed at delaying the trial.

“This court has previously dealt with similar applications which were dismissed,” Mr Birivumbuka said, arguing that the defence was attempting to re-litigate matters already settled.

He further warned that releasing Dr Besigye on bail posed risks, including possible interference with witnesses.

“The accused has the capacity to interfere with witnesses due to the networks he has built over time in political circles,” Mr Birivumbuka submitted.

The prosecution also argued that the High Court should proceed with plea-taking and trial scheduling, maintaining that the existence of a constitutional petition against the Attorney General should not halt criminal proceedings.

“This court is not seized with the constitutional petition, and the trial should proceed,” Mr Birivumbuka said.

After hearing submissions from both sides, Justice Baguma adjourned the matter for ruling, initially stating: “I will deliver my ruling tomorrow by email at 11am.”

The December 23 letter from the Assistant Registrar has since altered that position, setting December 29 as the new date for the ruling and requiring the physical presence of the accused in court.

Dr Besigye and Mr Lutale are jointly charged with treason alongside UPDF officer Captain Denis Oola.