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High Court judge Emmanuel Baguma is facing pressure to recuse himself from the case involving Dr. Kizza Besigye and Hajji Obeid Lutale.
A letter from the duo’s legal representatives, Lukwago & Co. Advocates, outlines serious concerns about procedural delays and a perceived lack of impartiality in the ongoing trial.
The lawyers have since formally requested that the judge step down from the proceedings.
Concerns Over a Delayed Hearing
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Dr Kizza Besigye and Hajji Obeid Lutale’s treason case was sent to the High Court in April this year and allocated to Judge Baguma.
But despite repeated follow-ups, the lawyers say, no hearing date was set for an "inordinate" 106 days.
It was only after a formal letter was sent to the Head of the Criminal Division and a subsequent audience was granted on 17th July that a date was finally fixed for 6th August.
The delay, coupled with the fact that the applicants had been on remand for over 180 days, led the lawyers to file for mandatory bail, an application that was summarily dismissed by the judge on the grounds that no evidence was presented to show the applicants were remanded by the Court Martial.
Dr Kizza Besigye in court
A Plea for Impartiality
The lawyers argue that the delay and the dismissal of what they describe as "credible evidence" have compromised public confidence in the judicial process.
“Moreover, common law and constitutional principles demand that justice not only be done, but must also be seen to be done,” they wrote.
Citing the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019, the letter explains that a judge must recuse themselves if there is a "reasonable apprehension of bias" from the perspective of an objective observer.
The Way Forward
The legal team asserts that the collective circumstances of the case, including the slow progress and the specific ruling on the bail application, have created such an apprehension.
In their plea, Lukwago & Co. Advocates requested that Judge Baguma recuse himself to uphold the principles of fairness and the rule of law.
They have also asked the Administration of the Criminal Division to reassign the case to another judge to ensure an impartial adjudication.
The Judiciary had yet to respond to this application