Judge Quashes Application to Withdraw from Besigye Treason Case

The High Court in Kampala has rejected an application seeking the withdrawal of Justice Emmanuel Baguma from presiding over the hearing of (Rt) Col. Dr Besigye’s treason case.

The application, filed through a letter dated August 15th, accused Justice Baguma, the deputy head of the criminal Division of the Highcourt of being biased by delaying to fix a hearing date and the earlier dismissal of Dr. Besigye and  Hajji Obeid Lutale’s request for mandatory bail.

In his ruling Justice Baguma said the grounds raised by the applicants’ lawyers did not meet the legal requirement for stepping down from hearing Besigye’s case.

Baguma has explained that the alleged delays were a result of the “first in, first out” scheduling system used by the court and not any intention to frustrate Dr. Besigye and Hajji Lutale.

The judge also defended his earlier decision to reject the mandatory bail application, stressing that it had been determined strictly on its merits under the law.

Citing earlier decisions from the Supreme Court and international jurisprudence, Justice Baguma emphasised that recusal requires a “reasonable apprehension of bias” — meaning a fair-minded observer must believe there is a real possibility of partiality.

He therefore concluded that the claims made by Dr. Besigye and his lawyers amount to mere speculation, not evidence.

He further cautioned against attempts at what he called “forum shopping,” where litigants seek to pick and choose which judges should hear their cases. 

The judge has emphasised his judicial oath to decide cases “without fear, favour or ill will,” stating that decisions must be guided by facts and the law, not intimidation or blackmail.

With the recusal application dismissed, the case will now proceed as planned. Justice Baguma directed the parties to appear before him  for scheduling on August 26th at 11 a.m.

Meanwhile, the main application is fixed for hearing on September 1st, 2025 before the same judge- Emmaunel Baguma.