The High Court has rejected an attempt by opposition strongman Dr Kizza Besigye and his co-accused Hajji Obeid Lutale to halt their treason trial and walk out of prison on bail, insisting that the case must move forward. In a firm ruling delivered on December 29, 2025, at the Criminal Division of the High Court, […]
The High Court has rejected an attempt by opposition strongman Dr Kizza Besigye and his co-accused Hajji Obeid Lutale to halt their treason trial and walk out of prison on bail, insisting that the case must move forward.
In a firm ruling delivered on December 29, 2025, at the Criminal Division of the High Court, Justice Emmanuel Baguma said that filing a constitutional petition does not automatically stop a criminal trial, warning that courts must be cautious not to allow legal processes to be abused.
“The discretion to stay proceedings must be exercised sparingly and carefully, considering the gravity of the offence,” the judge ruled.
Besigye and Lutale had asked court to suspend their treason case pending determination of a constitutional petition, arguing that their right to a fair hearing had been violated. They also sought bail, citing long stay on remand, fixed residences and strong sureties.
But the court was not persuaded. “Take plea first,” court orders
Justice Baguma stressed that under the law, a criminal trial begins when an accused person takes plea, something the applicants have not done.
“The accused person shall be placed at the bar, the indictment read, and required to plead,” the judge quoted from the Trial on Indictments Act.
He noted that although the pair were committed for trial in May 2025 and scheduled to take plea in September, they instead filed “application after application,” frustrating the process.
“It would make sense to consider a stay only after plea has been taken,” the judge said.
The judge also rejected the request for bail, saying it could only be considered after plea-taking and if delays arise later.
While acknowledging that the applicants are presumed innocent, he ruled that justice requires the trial process to move forward first.
“It is in the interest of justice that the applicants proceed to take plea,” Justice Baguma held.
The High Court adjourned to tomorrow the treason case after defence lawyers exposed serious legal errors in the charge sheet, forcing the court to halt proceedings.
Justice Baguma said the court could not proceed with plea-taking before resolving questions surrounding the legality and form of the indictment.
During proceedings, defence lawyers pointed out that the indictment presented by the State suffers from fundamental legal defects, making it impossible for the accused to take a plea.
