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Besigye, Lutale Appeal Hearing Flops Amid Judiciary Blunder

The case, which was set to be heard before Justice Emmanuel Baguma, was derailed by a series of procedural failures, including the absence of a production warrant for the accused and the judge’s claim that the matter…

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KAMPALA, Uganda | July 17, 2025 — The scheduled appeal hearing in the phone access case involving opposition figure Dr Kizza Besigye and Haji Obedi Lutale collapsed on Wednesday after what the defense team described as a glaring display of judicial incompetence.

The case, which was set to be heard before Justice Emmanuel Baguma, was derailed by a series of procedural failures, including the absence of a production warrant for the accused and the judge’s claim that the matter was not listed on his schedule for the day.

By 9:00 a.m., a full legal team representing Besigye and Lutale — including prominent Kenyan lawyer Martha Karua, Kampala Lord Mayor Erias Lukwago, and rights advocate Eron Kiiza — had arrived at the court premises in Kampala, only to be left waiting for over 90 minutes with no indication the hearing would proceed.

In a closed-door meeting that followed, Justice Baguma reportedly informed the lawyers that the case had not been included on the day’s cause list and that a signed production warrant to present the accused persons had not been issued in time — an oversight that meant Besigye and Lutale were not brought to court.

The defense was outraged.

“This is beyond frustrating,” Karua told reporters. “You can’t imagine I’ve traveled all the way from the USA to be in this case, and now these people are playing ping pong games.”

Her co-counsel, Erias Lukwago, was similarly incensed.

“They told us they forgot to sign the production warrant to have Besigye in here. This level of negligence is unacceptable,” he said outside court.

Following discussions with court officials, the legal team was informed that the appeal hearing had been rescheduled to Wednesday, July 23, 2025 — a full week later.

Karua did not hold back in her criticism of the judiciary: “This is incompetency of the judiciary. How do you forget to sign a production warrant?”

Lawyer Eron Kiiza went a step further, questioning the impartiality of the presiding judge.

“We have now lost confidence in Justice Emmanuel Baguma. We doubt if he can preside over this case fairly.”

The botched hearing comes amid growing scrutiny over the state’s appeal of a Nakawa Chief Magistrate’s Court ruling that had denied investigators access to mobile communications belonging to Dr Besigye.

The state contends that the opposition leader had used the phone to coordinate with foreign operatives, including an alleged Kurdish intelligence agent known only as “AW,” in a plot to sabotage President Yoweri Museveni’s government using drone attacks and other unconventional tactics.

The initial decision denying access to Besigye’s phone data was hailed by civil liberties advocates as a victory for privacy and judicial independence, but the state’s appeal has kept the matter in the public spotlight — and Wednesday’s courtroom blunder has only intensified criticism of the judicial process.

As the legal battle continues, the high-profile case underscores broader concerns about case management, due process, and perceived bias within Uganda’s judicial system — particularly in politically sensitive cases involving opposition leaders.

Whether the rescheduled hearing on July 23 proceeds without further incident remains to be seen.