Besigye and co-accused denied bail

The Uganda High Court has denied bail to opposition leader Kizza Besigye – and his co-accused Hajj Obeid Lutale – even as it acknowledged that all legal conditions for granting bail had been satisfied, reports the Nile Post. The ruling emphasised the court’s discretion in balancing individual freedoms with national interests. ‘Although all grounds for bail are met,’ Justice Rosette Comfort Kania ruled, ‘the applications for bail are denied. The investigations are ongoing, and the applicants may still fall prey to the temptation of interfering with those investigations.’ The court accepted that both applicants had proven fixed places of residence, had no history of absconding, and had presented sound and substantial sureties. MPs Ibrahim Ssemujju Nganda, Dr Nicholas Thadeus Kamara, Tonny Muhindo, and Francis Mwijukye stood surety for Besigye, while Hajj Lutale presented family members including his wife and blood relatives. ‘These are credible, responsible individuals with the capacity to compel the applicants to return to court,’ noted Erias Lukwago, who led the defence team. ‘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?’ Lukwago invoked Article 23(6)(a) of the Constitution, which guarantees the right to apply for bail, and emphasised that the principle of presumption of innocence under Article 28(3)(a) must guide bail decisions.

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. Still, the court cited the nature of the charge – treason and misprision of treason – as a primary factor in denying bail, according to the Nile Post. ‘These are serious charges that touch on the national security of Uganda,’ the ruling read. 'While Makhoha and others charged with terrorism have secured bail, the severity of these treason charges warrants cautious handling. The court cannot, at this stage, make a determination on the evidence while investigations are still ongoing.” Kania maintained that there could be the possibility of interference, given that the influence of the accused could not be ignored. ‘The right to liberty is fundamental,’ Kania concluded, ‘but must be weighed against the interests of national security. Bail is not an entitlement; it is a matter of court discretion.’ Besigye, a four-time Presidential candidate and long-time critic of President Yoweri Museveni’s Government, has now spent over 120 days in detention without trial. His lawyers said they would appeal the decision. Besigye’s case has come in criticism due to its origins. He was abducted in Nairobi, Kenya last year in what his lawyers have called an illegal cross-border rendition.

See also A Matter of Justice

Full Nile Post report