Letter from Luzira: Besigye, Lutale Accuse Judge Baguma of Unfair Trial

Besigye and Lutale in Court recently

KAMPALA — Detained opposition politician Dr. Kizza Besigye and his co-accused Hajji Obeid Lutale have accused High Court judge Emmanuel Baguma of undermining their right to a fair trial, alleging bias and attempting to rush through their latest bail application while they remain without legal representation of their choice.

In a lengthy letter dated July 1 from Luzira Upper Prison and copied to the Principal Judge and the President of the Uganda Law Society, the two men complained about directions issued by Justice Baguma in three pending applications arising from their treason case.

The letter marks the latest escalation in a politically charged case that has already sparked an online campaign by supporters seeking the judge’s removal from the trial.

Besigye and Lutale are jointly charged with treason and misprision of treason. Prosecutors allege that between 2003 and November 2024, they and others still at large plotted in Uganda and abroad, including in Kenya, Greece and Switzerland, to overthrow the government by force of arms. Both men deny the charges.

Complaint Over Bail Hearing

The pair’s main grievance concerns their latest bail application, filed on May 20.

According to the letter, Justice Baguma directed that the state respond to the application by July 1, any rejoinder be filed by July 2, and the matter be heard on July 3.

The accused argue that the timeline is unrealistic given that they are in prison and currently unable to effectively consult lawyers.

“It is impossible for us to prosecute this application in the circumstances that you have created in your Court, where phrases like ‘adequate time’ or ‘legal representation of our choice’ have no meaning,” they wrote.

They further alleged that the speed with which the application is being scheduled raises questions about the court’s intentions.

“The speed with which you wish to hear this application suggests that there is another motivation other than judiciously considering the same,” the letter states.

The two men requested at least three weeks to prepare for the hearing.

The latest bail application follows two earlier unsuccessful attempts. In April 2025, Justice Rosette Comfort Kania denied them bail despite finding that they had met the legal requirements, ruling that investigations were ongoing and that there was a risk of interference.

In another application, Justice Baguma rejected their claim for mandatory bail, ruling that there was insufficient evidence proving they had been continuously in custody since November 20, 2024.

Representation Dispute

Besigye and Lutale also complained that state actions have effectively deprived them of lawyers of their choice.

The pair pointed to the arrest and prosecution of former Kampala Lord Mayor Erias Lukwago, who had been part of their defence team, and the deportation of Kenyan senior counsel Martha Karua from Uganda.

“These matters have unfolded to show that the State intends to ensure that we have no legal representation of our choice or that we are forced to take on representation by an advocate appointed by the State,” they wrote.

They insisted they would continue to demand representation led by Karua and Lukwago.

The two men also questioned how they could realistically engage new lawyers while in prison and without access to the evidence disclosed by the prosecution.

Human Rights Application

The letter also addresses their pending human rights enforcement application against Chief of Defence Forces Gen. Muhoozi Kainerugaba, Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga and the Attorney General.

The application alleges violations of their fair trial rights arising from their rendition into Uganda and from repeated public statements by Gen. Kainerugaba, including social media posts referring to them as traitors who should be hanged or shot.

The accused argue that the comments amount to psychological torture and undermine the presumption of innocence.

They also raised concerns that key respondents in the case had not personally responded to the allegations against them and said they intend to seek cross-examination of witnesses and respondents before the application is determined.

Accusations

In unusually direct language, Besigye and Lutale accused Justice Baguma of ignoring concerns repeatedly raised in court.

“We have not been able to review the evidence disclosed but somehow you are marching on with unfairness and injustice,” they wrote.

The pair further claimed that when they personally raise concerns in court, the judge becomes agitated and sometimes leaves the courtroom while they are still speaking.

They requested a complete typed record of all proceedings and urged the judge to reflect on his handling of the case.

“Our communication to you is in pursuit of and further to our right to a fair trial and to the full enjoyment of the presumption of innocence that are guaranteed by the Constitution,” the letter concludes.

Neither the Judiciary nor the Office of the Director of Public Prosecutions had publicly responded to the allegations by Wednesday evening

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