The High Court Criminal Division in Kampala has dismissed a joint bail application filed by retired Colonel Dr. Kizza Besigye and Hajji Obeid Lutale after finding that the applicants failed to prosecute their case.
In his ruling, Justice Emmanuel Baguma said Dr. Besigye and his lawyers did not take steps to pursue the application despite being given the opportunity.
Dr. Besigye, who is facing treason charges, had applied for bail after spending about 20 months on remand.
The application had been filed by 13 law firms representing the two accused persons, including Lukwago & Co. Advocates, AF Mpanga Advocates, Kizza Mugisha & Co. Advocates, Alaka & Co. Advocates and Nalukoola Advocates.
Court records show that both the defence and prosecution agreed to have the application heard on July 3, 2026. However, when the matter came up for hearing, none of the defence lawyers appeared in court.
Dr. Besigye told court that there was a crisis within their legal team, making it difficult to proceed. He said they could not continue without their lead counsel Martha Karua, who was deported from Uganda, and Erias Lukwago, who is currently on remand.
However, the prosecution opposed the request for an adjournment, arguing that the application was filed by many law firms and not individual lawyers. State Attorney Richard Birivumbuka said other lawyers were available to represent the accused and should have proceeded with the case.
He also noted that the defence had earlier agreed to the hearing date without raising any concerns.
Justice Baguma agreed with the prosecution, saying the applicants could not insist on specific lawyers when they had a large legal team of about 50 advocates.
He said allowing such arguments would delay court proceedings and undermine the administration of justice. The judge added that courts must prevent abuse of the judicial process.
Justice Baguma further noted that the accused persons were given a chance to personally present their application and sureties, but they declined.
He therefore ruled that the applicants had failed to prosecute their case and dismissed the application.
The dismissal means that Dr. Besigye and Hajji Lutale will remain on remand as their trial continues.
Dr. Besigye is jointly charged with Hajji Lutale and UPDF Captain Denis Oola on treason charges. The prosecution alleges that the accused held meetings in Geneva, Athens, Nairobi and Kampala to solicit funds, acquire weapons and organise paramilitary activities.
The state also claims that Dr. Besigye received money from a foreign contact to facilitate the transport of Ugandan recruits for military training in Kenya, although the recruits were intercepted before the training.
Prosecutors further allege that the accused sought weapons and planned attacks targeting the government. They say they have evidence including recordings, messages and travel documents to support the charges.
