The High Court has for the fourth time denied bail to veteran opposition politician Dr Kizza Besigye and his co-accused Hajji Obeid Lutale, with the court insisting that the two must first take plea before they can reapply for bail.
In a ruling delivered on Monday, Justice Emmanuel Baguma dismissed both an application seeking to halt the treason proceedings and a fresh bid for bail, directing that the criminal trial should proceed.
The judge declined to stay the case pending the determination of a constitutional petition challenging the legality of the proceedings, ruling that the accused persons should first be arraigned and enter a plea.
“Bail can be revisited after plea,” the court held, effectively extending the remand of the two accused. “The court finds that it would be improper to stay proceedings and subsequently grant bail before plea taking,” Justice Baguma ruled.
He, however, advised Besigye and his legal team to reapply for bail once the case is heard.
The ruling, which was meant to be delivered by email on December 23, has since maintained Besigye and his co-accused’s treason trial pending the Constitutional Court’s decision on a petition challenging the continued involvement of trial judge Emmanuel Baguma
In October, Besigye filed a formal complaint with the Judicial Service Commission, raising concerns about the judge’s impartiality and procedural conduct; however, no official response has been issued to date.
The application also questions the High Court’s jurisdiction and raises concerns over the alleged misidentification of one of the co-accused, Captain Denis Oola.
Justice Baguma previously declined to recuse himself from the case.
Heavy Security, Tense Courtroom
The ruling was delivered amid heavy security deployment at the High Court, with multiple prison warders and police officers stationed inside the courtroom as treason charges were read to Besigye, Lutale and a third accused, Capt. Oola, whom Besigye reportedly met for the first time in the dock.
Human rights advocates and opposition figures criticised the proceedings, alleging procedural flaws and political interference.
Background of the Case
Dr Besigye, a four-time presidential contender and founder of the Forum for Democratic Change (FDC) before later forming the People’s Front for Freedom (PFF), has been on remand since November 2024.
Together with Lutale, he faces treason charges, a capital offence punishable by death, over allegations that they plotted to overthrow the government through meetings held in Kampala, Nairobi, Geneva and Athens between 2023 and 2024.
Besigye was initially charged before a military court, but the case was transferred to the High Court following a Supreme Court ruling that civilians cannot be tried in military tribunals.
Previous Bail Denials
Monday’s decision marks the fourth time Besigye has been denied bail:
April 2025: Bail denied over the gravity of the charges and alleged risk of interference with investigations.
April/May 2025: Second bail application rejected.
August 8, 2025: Mandatory bail application dismissed on procedural grounds.
December 29, 2025: Fresh bail application rejected pending plea.
Besigye and Lutale remain on remand at Luzira Prison.
Political Tensions Ahead of Elections
The case continues to draw sharp criticism from opposition leaders and rights groups, who argue it is part of a broader crackdown on dissent ahead of the January 2026 general elections.
The government, however, maintains that the charges are purely criminal and not politically motivated. Justice Baguma indicated that the accused may reapply for bail after taking plea as the trial proceeds.
