Lawyers representing veteran opposition politician Dr. Kizza Besigye and his political ally, Hajj Obeid Lutale Kamulegeya, have demanded the recusal of Nakawa Chief Magistrate Christine Nantege from the ongoing Besigye-Lutale case, citing alleged bias, incompetence, and failure to impartially dispense justice.
The defense team, led by Kampala Lord Mayor Erias Lukwago, said Thursday that the magistrate’s actions have raised serious questions about her impartiality in the matter.
Lukwago said that the defense team has made a decision to drag Nantege to the Judicial Service Commission (JSC).
“Another step we have taken is to ask her to recuse herself from this particular matter because of apparent bias and incompetence,” Lukwago told reporters outside the courtroom in Nakawa on Thursday.
Besigye and Lutale, who are facing treason charges, were appearing in court on Thursday for the hearing of a state application seeking confiscation of their phones.
“This is a serious matter that touches the lives of our clients. It’s a matter that is extremely delicate; it’s a grave offense that invites a sentence of death in case of conviction, and we don’t want anything to be handled in a manner that is not satisfactory. That is why we cannot leave any stone unturned in pursuit of justice for our clients,” said Lukwago.
He added the Nantege’s handling of the case turned the court into a “kangaroo tribunal.”
Besigye and Lutale were first charged before the general court-martial after their arrest on November 16, 2024, in Nairobi, Kenya, where they had traveled to attend the book launch by Kenya’s opposition politician and former Justice Minister Karua.
The crimes are alleged to have been committed in Greece, Switzerland, and Nairobi.
The transfer of Besigye and Lutale to a civilian court followed a January 31, 2025, landmark ruling by the Supreme Court, which declared the trial of civilians in military courts illegal.
The defense team hoped that a civilian court would offer justice, given that military courts work on orders of military leadership.
Today, Lukwago said that Magistrate Nantege’s conduct didn’t differ from the military court.
The judge, he said, has flagrantly disregarded mandatory provisions of the constitution.
Lukwago cited Article 23 of the constitution, which provides for mandatory bail after one has clocked 180 days on remand without committal to the High Court, which has the authority to try capital offenses.
Section 76 of the Magistrate Courts Act also dictates that once one has spent 180 days on remand, no other business shall be conducted in court save for considering applications for mandatory bail.
“As we speak today, she (Magistrate Christine Nantege) has failed to pronounce herself on just a simple matter of computing the period the accused persons have been on remand,” Lukwago said.
The case has been adjourned to June 26, 2025.
