Veteran opposition politician Kizza Besigye and his aide Obeid Lutale on Monday refused to take plea after the High Court directed that plea-taking proceed immediately, a move their lawyers protested as an ambush and a violation of their right to a fair hearing.
The directive was issued by Justice Emmanuel Baguma, who ruled that he would only entertain a bail application after the accused had taken plea, effectively blocking what was the fourth attempt by Besigye and Lutale to secure temporary release.
What had been scheduled as a ruling on a bail application and a request for a stay of criminal proceedings quickly escalated into a procedural standoff when the judge ordered that plea-taking take place without prior notice.
Defence lawyers objected after consulting their clients, arguing that they had come to court solely to receive rulings and were not prepared to enter plea.
They maintained that the sudden shift in proceedings was unfair and undermined the accused persons’ right to adequate preparation.
The prosecution dismissed claims of ambush, arguing that the defence had sufficient time to prepare since plea-taking was first scheduled in September. State prosecutors told court there was no justification for further delay.
The defence, however, raised fresh objections, contending that the indictment served on the accused was invalid because it was not signed by the Chief Registrar, rendering it null and void. They asked court to halt the proceedings until the issue was resolved.
Justice Baguma adjourned the matter to Tuesday, December 30, to determine whether plea-taking can proceed in light of the concerns raised regarding the legality of the indictment.
Besigye and Lutale have been in detention for more than 400 days and face charges of treason and misprision of treason.
Their lawyers argue that charging both offences simultaneously is unconstitutional.
The accused have also petitioned the Constitutional Court seeking Justice Baguma’s recusal from the case, citing alleged judicial bias.
Outside court, Besigye’s wife Winnie Byanyima appealed for a speedy and fair administration of justice as the legal standoff continues.
