Chaos erupts in court as justice Baguma declines to refer Besigye treason case to Constitutional court

Tempers flared at the High court in Kampala on Thursday after justice Emmanuel Baguma of the criminal division declined to refer the treason case involving opposition leader Dr Kizza Besigye and his co-accused to the Constitutional court for interpretation.

Besigye, Obeid Lutale, and Captain Denis Oola are charged with treason for allegedly plotting to overthrow the government. Prosecutors claim the trio held clandestine meetings in Geneva, Athens, Nairobi, and Kampala to solicit funds, acquire weapons, and organize paramilitary operations.

Their application sought a referral to determine whether a fair trial could be guaranteed, citing complaints lodged with the Judicial Service Commission (JSC) accusing Justice Baguma of bias and incompetence.

However, moments after the judge dismissed the application, chaos broke out in the fully packed courtroom. The commotion began when Mariam Obeid Lutale, daughter of the second accused and parliamentary aspirant for Lubaga North, burst into tears and charged toward the judge, shouting that the family was “tired” and “needed justice for our people.”

Heavily armed counter-terrorism police and prison officers jumped over benches and tables to restrain her as the courtroom descended into chaos. Baguma remained calm, watching silently as the melee unfolded.

Mariam was violently subdued and dragged across the courtroom floor by officers, her shoes and belongings scattering before she was whisked away through a side door. She was later detained at Kampala central police station (CPS).

The scuffle lasted barely three minutes but left the courtroom shaken. When proceedings resumed, Besigye’s lawyer, Martha Karua, told the court that Lutale’s daughter had acted out of emotion and pleaded for her immediate release. She asked for a three-week adjournment to allow the defense team to consult their clients.

Co-counsel Fredrick Mpanga also expressed regret over the incident, citing frustration among supporters who had been subjected to strict security checks that delayed access to court.

During the session, Oola asked to speak with his mother, saying it was his first time seeing her since his detention two years ago. The judge granted his request.

State prosecutor assistant DPP Thomas Jatiko supported the adjournment but asked for four weeks instead of three, saying he was handling other high-profile cases, including the Joan Kagezi murder trial and proceedings against alleged rebel leader Jamil Mukulu.

Baguma adjourned the case to December 4, 2025, for plea taking and case mention, and said he would meet security teams to address access concerns raised by the defense.

Claims of bias

Thursday’s courtroom drama adds to the already politically charged proceedings. On October 15, Besigye’s lawyers had tried unsuccessfully to have the matter referred to the Constitutional court after the judge declined to step down.

Besigye accused Baguma of bias, claiming he refused to examine documents supporting his and Lutale’s mandatory bail applications. The judge, however, ruled that a complaint before the JSC does not bar a sitting judge from continuing with a case.

He also rejected the defense’s bid to transfer the trial to the international crimes division, insisting the criminal division has full jurisdiction. Outside court, Kampala deputy lord mayor Doreen Nyanjura, a close ally of Besigye, condemned the ruling and called for peaceful demonstrations to defend “constitutional rights and political freedoms.”

Prosecution’s allegations

According to the state, Besigye allegedly met a Kurdish intelligence agent, identified only as AW, and received $5,000 to fund military training for 36 Ugandan recruits in Kisumu, Kenya, a program that was reportedly intercepted before it began.

The prosecution further alleges that Besigye sought surface-to-air missiles, ricin poison, and counterfeit currency, and plotted to use drones to assassinate President Yoweri Museveni.

The state says it has audio and video recordings, social media messages, immigration documents, and phone logs linking the accused to the alleged plot.

The case, which has drawn both political and public scrutiny, continues to test the judiciary’s ability to balance national security concerns with constitutional guarantees of a fair trial.