In a tense courtroom exchange on Friday morning, lawyers for opposition figure Col. Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale, announced they would not proceed with their bail application if it remained under Justice Emmanuel Baguma, accusing him of bias.
As of 11am, lead defence counsel Erias Lukwago told court that the accused had instructed their legal team to seek the judge’s recusal.
Lukwago claimed Justice Baguma had previously taken the view that pursuing bail was futile, suggesting instead that the case should proceed directly to trial.
“This is the third bail application, and the accused is not interested in pursuing it before a judicial officer who has already expressed a fixed opinion on the matter,” Lukwago told the court.
The defence further argued that the treason case should not have been brought before Justice Baguma or the current division, but rather before the International Crimes Division (ICD), in line with the original indictment from the Office of the Director of Public Prosecutions (ODPP).
Justice Baguma, however, indicated that Besigye and Lutale were expected to appear before him on September 1 for the commencement of the main treason trial — a development the defence said reinforced their concerns about the handling of the case file.
The judge directed the defence to submit their grievances in writing, a request the lawyers accepted, promising to file the documents by close of business today.
He set Tuesday midday to deliver his decision on the recusal application via email.
The case arises from treason charges that Besigye, a long-time government critic, says are politically motivated.