The High Court will deliver its ruling today, December 23, 2025, on the bail application and request for a stay of criminal proceedings filed by Dr. Kizza Besigye and his aide, Hajj Obeid Lutale. The court heard lengthy submissions from both the defense and the prosecution. The session ended at 4:00 PM on Monday, and the court will send the ruling by email to all parties.
Besigye and Lutale filed applications to halt their trial while a petition, challenging the impartiality of Justice Emmanuel Baguma, is pending in the Constitutional Court. The petition claims bias and incompetence on the part of the judge, which the Judicial Service Commission is investigating. The defense argues that the trial should stop until the Constitutional Court resolves the petition.
Lead defense lawyer Ernest Kalibbala argued that the High Court holds the power to grant interim relief. He emphasized that the court must ensure fairness and uphold the constitutional process. Kalibbala cited Section 37 of the Judicature Act, which gives the court the authority to preserve the trial’s integrity.
The defense also requested bail for Besigye, who is approaching 70 years old. Kalibbala pointed out that Besigye has always complied with bail conditions in previous cases. He should not remain in custody while constitutional questions remain unresolved, the defense argued.
Erias Lukwago, another member of the defense team, warned that moving forward with the trial before the Constitutional Court issues its ruling would undermine the petition’s purpose. He urged the court to avoid having the applicants spend another Christmas in prison.
The prosecution strongly opposed both the stay of proceedings and the bail request. Chief State Attorney Richard Birivumbuka argued that the defense used every opportunity to delay the trial. He called the applications an abuse of the legal process and insisted that the High Court lacks jurisdiction to stay the trial based on a pending constitutional petition.
Birivumbuka also challenged the proposed sureties for bail, including Members of Parliament Ibrahim Ssemujju Nganda and Harold Tonny Muhindo. He claimed their political ties to Besigye compromised their independence and made them unsuitable as guarantors. Birivumbuka said the sureties could not ensure Besigye’s compliance with bail terms.
Besigye, Lutale, and Captain Denis Oola face treason charges. The prosecution alleges that they planned to assassinate the President using drone technology. Authorities claim that the accused held meetings in Geneva, Nairobi, and Kampala to organize paramilitary activities aimed at destabilizing the government.
Justice Baguma confirmed that he would deliver his ruling on Besigye and Lutale’s bail application today. The ruling will be delivered remotely and will address the constitutional petition and the bail application. The court will schedule Captain Oola’s bail hearing after today’s decision.
Besigye and Lutale’s applications have attracted significant attention. The ruling will affect the political environment in Uganda. If the court grants the stay of proceedings and bail, it would delay the trial while the constitutional issues are resolved. If the court rejects the applications, the trial could proceed without delay despite the ongoing legal challenges.
This ruling will test the independence of the judiciary, particularly in cases involving opposition leaders. The public is eagerly waiting for the outcome, as it could shape future legal battles involving high-profile opposition figures.
READ: Recounting Besigye’s One-Year Incarceration: How a Court Martial Battle Shifted to Civilian Court
