Kampala, Uganda – The High Court Criminal Division in Kampala on Friday, April 11, 2025, denied opposition leader Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya bail despite fulfilling all legal requirements.
The duo, who have been on remand since November 2024 are facing treason and misprision of treason charges serious offenses carrying the death penalty under Ugandan law.
The court cited ongoing investigations and the gravity of the charges as the basis for its decision despite acknowledging the accused posed no flight risk, had fixed places of residence and presented credible sureties.
The ruling came in a packed courtroom brimming with legal minds, political allies, and journalists.
Emotions ran high as the presiding judge Rosette Comfort Kania, delivering the verdict, emphasized that while the accused had met all grounds for bail including residence, previous conduct and reliable sureties the nature of the treason charge posed potential risks to national security if bail were granted.
“The offences are alleged to have been committed in various locations in Uganda and in other countries requiring more time and resources to conclude investigations than is normally the case in offenses alleged to have been committed on in Uganda,” Judge Kania’s ruling that was read out by Registrar Ssalmu Ngoobi.
Defense lawyers led by Kampala Lord Mayor Erias Lukwago passionately argued that the Constitution guarantees the right to bail and presumption of innocence until proven guilty.
He highlighted that Members of Parliament Ibrahim Ssemujju Nganda, Dr. Nicholas Thadeus Kamara, Tonny Muhindo and Francis Mwijukye stood as sureties for Besigye while Lutale was backed by his wife and close family members.
“These are credible, responsible individuals with the capacity to compel the applicants to return to court,” noted Erias Lukwago who led the defence team.
The court rejected prosecution claims that the accused could interfere with investigations or flee the country, noting that no concrete evidence had been presented to support these fears.
“If the court admits they have a place of abode, haven’t interfered with investigations, and have never skipped bail, why deny them their liberty?” Erias questioned.
The judge also made a notable observation on the issue of sureties rejecting prosecution arguments that sureties must be older than the accused.
“To insist that sureties be older than the applicant sets a dangerous precedent. It would make it nearly impossible for older persons to access bail,” the judge said.
Court still maintained that the mere possibility, given their influence and high profile status was enough to warrant denial.
However, Lukwago invoked Article 23(6)(a) of the Constitution which guarantees the right to apply for bail and emphasized that the principle of presumption of innocence under Article 28(3)(a) must guide bail decisions.
Meanwhile, Dr. Besigye’s journey to this courtroom has been anything but ordinary. He was reportedly abducted in Nairobi, Kenya in what his defense team described as an illegal cross-border execution.
Upon his arrival in Uganda, he was charged before the General Court Martial with treason. However, a landmark Supreme Court ruling in January 2025 invalidated the trial of civilians in military courts prompting the transfer of his case to the High Court.
Despite that move, Besigye has been in detention, a development that has sparked renewed public debate on the fairness of Uganda’s criminal justice system especially when it comes to politically sensitive cases.
Dr. Besigye and Hajji Lutale remain on remand in Luzira Prison. Their legal team has vowed to appeal the decision immediately. With political temperatures rising ahead of the next election cycle, this case could become a flashpoint for wider debates on governance, rule of law, and civil liberties in Uganda.
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