The legal standoff deepened after Justice Emmanuel Baguma dismissed the pair’s bid for mandatory bail and told them to “just leave the bail case,” vowing not to change his position.
The remarks angered the defence team led by Kampala Lord Mayor Elias Lukwago, who accused the judge of bias and obstruction of justice.
Besigye and Lutale were arrested in November 2024 and first charged before the General Court Martial.
Their lawyers argue that the pair have been in continuous detention since then, making them eligible for mandatory bail under Article 23 of the Constitution, which allows repeated bail applications without limitation.
Justice Baguma, however, ruled that the official remand period only began on February 21, 2025, when the accused were charged at Nakawa Chief Magistrate’s Court—falling short of the 180 days required for mandatory bail.
In response, Besigye has directed his lawyers to boycott proceedings before Justice Baguma, accusing him of lacking independence and acting under external influence.
Lukwago and the legal team petitioned for the judge to recuse himself, but the request was rejected.
Despite this, Lukwago confirmed that they will return to the High Court tomorrow to schedule another bail application before Justice Baguma.
“Tomorrow, we are going to have a bail application coming up for scheduling. There has always been a standoff with this judge, who has already shown bias, but we cannot abandon the fight for justice. Article 23 clearly allows unlimited bail applications,” Lukwago said.
He added that his team is determined to continue challenging what they see as an unfair process:
“We had to come for instructions on what to do tomorrow and we are prepared to deal with this matter. There is also a hearing on October 1, and we shall present our arguments at the appropriate time.”
The case has reignited debate over judicial independence and the right to bail, with legal analysts warning that confidence in the courts could erode if judges are seen as partial.
As the battle continues, the spotlight remains firmly on Justice Baguma’s handling of one of Uganda’s most high-profile detention disputes.