High Court judge Emmanuel Baguma has once again summoned opposition leader Dr Kizza Besigye and his co-accused, Hajji Lutale, to appear before him and explain why they want him to step aside from hearing their second application for bail.
The two, through their lawyer Erias Lukwago, have vowed not to appear, accusing Justice Baguma of bias. Lukwago argues that the judge had already prejudiced the matter when he previously advised the suspects to abandon bail applications and instead focus on defending themselves in the main treason trial.
Lukwago further contends that the case file is wrongly before Justice Baguma, saying it should properly be handled by the International Crimes Division (ICD), to which the Nakawa Chief Magistrates’ Court had committed the suspects. He also faults Baguma for insisting on presiding over a second bail application despite judicial guidelines that discourage the same judge from hearing repeated bail requests by the same parties.
Besigye and Lutale are now pushing for their fresh bail application to be re-allocated to another judge.
The dispute arose after Lukwago appeared before Justice Baguma seeking directions on the second bail application. The judge had earlier dismissed the duo’s first bid for mandatory release, despite them having spent more than 180 days on remand without trial. Lukwago pressed for Baguma to step down, but the judge refused, maintaining he would proceed with the matter.
Justice Baguma has fixed the hearing for 8 October and ordered prison authorities to produce Besigye and Lutale in court on that date. He also directed that they appear before him on 1 October for the commencement of their treason trial.
The two opposition figures have been on remand since November last year facing treason charges.
