The Criminal Division of the High Court has rejected a mandatory bail application by opposition leader Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale, ruling that they have not yet spent the statutory 180 days on remand required by law.
In a 13-page ruling delivered by email on August 8, 2025, Justice Emmanuel Baguma held that the period to be considered began on February 21, 2025 — the date the pair were charged with treason and misprision of treason before the Nakawa Chief Magistrates Court — and not November 20, 2024, when the defence claims they were first remanded by the General Court Martial.
“While the argument may be in the public domain, no cogent evidence was presented before this court to that effect,” Justice Baguma stated, noting that no case number, charge sheet, or record of proceedings from the military court had been provided.
“Courts of law are guided by evidence adduced before them, and judicial notice cannot extend to matters in the public domain,” he added.
The decision immediately drew sharp criticism from defence lawyers and leaders of the People’s Front for Freedom (PFF).
Senior counsel Erias Lukwago called it “an absurdity, a travesty of justice, and an attempt to overthrow the Constitution,” insisting that Besigye had been on remand since November 20, 2024.
“We are going to discuss this matter with Dr. Besigye and Haji Lutale and see if we can formally request Justice Baguma to recuse himself,” Lukwago said, adding that they would petition the judiciary over the judge’s conduct.
At PFF headquarters in Katonga, where supporters had gathered in anticipation of a favourable ruling, the decision was met with anger and disappointment.
Party secretary general Ibrahim Ssemujju Nganda said the outcome proved “going to court was a waste of time,” while former legislator Salamu Musumba lamented,
“It’s very tragic for us as a country that we have wigged fellows in courtrooms.”
Prosecutors allege that Besigye and Lutale plotted to overthrow the Government of Uganda from Nairobi and Europe through the use of firearms. Both men have denied the charges.
Justice Baguma directed that the main case, now registered as High Court Session Case No. 335 of 2025, be prioritised for hearing over further bail applications.