By Our Reporter
The Nakawa Chief Magistrate’s Court has declined to grant mandatory bail to opposition figure Dr. Kizza Besigye, Hajji Obeid Lutale, and Capt. Denis Oola, citing a lack of jurisdiction and referring the matter to the High Court. The ruling, delivered on Tuesday by Chief Magistrate Christine Nantege, comes amid heightened public interest in the trio’s continued detention and the broader implications for constitutional rights in Uganda.
The defence team, led by prominent lawyers Eron Kiiza, David Mpanga, Erias Lukwago, and Martha Karua, had argued that the accused had surpassed the 180-day constitutional threshold for suspects held without committal for trial. They cited Article 23(6)(c) of the Constitution, which entitles such suspects to mandatory bail.
“This marks 196 days since Dr. Besigye and Mr. Lutale were first remanded,” Mpanga told the court. “Their detention exceeds the constitutional limit. The right to mandatory bail is ripe and must be honoured.”
However, the State, represented by State Attorney Richard Birivumbuka, countered that the clock on the 180-day period should begin from February 21, 2025, when the suspects were charged afresh before Nakawa Court following a Supreme Court ruling transferring the case from the military General Court Martial to the civilian justice system.
“They have only been in remand for three months and eight days under the charges known to this court,” Birivumbuka submitted. “The previous military proceedings have no bearing on this matter.”
Magistrate Nantege agreed with the prosecution and ruled that her court could neither interpret constitutional provisions nor assess time spent in military custody. She directed the defence to seek remedy from the High Court, sparking immediate protest from the defence.
“This court has avoided its constitutional responsibility by neither hearing the matter nor transferring it,” Mpanga objected.
Eron Kiiza described the ruling as an evasion of judicial duty, arguing that the Judiciary Bail Guidelines require magistrates to refer matters to the High Court when they lack jurisdiction.
“Liberty cannot be reset by transferring a case or rewording charges,” Kiiza added. “The Constitution protects against prolonged detention, not only under one courtroom.”
Lukwago emphasized that amending charges or delaying committal should not be used to circumvent a suspect’s right to liberty.
“The readiness of the state to commit suspects cannot override the right to bail. That is not how justice works,” he said.
The defence confirmed that it will now file for judicial review at the High Court to challenge the magistrate’s ruling and enforce their clients’ constitutional rights.
Background: Treason Charges and Initial Military Proceedings
The suspects face treason charges stemming from allegations that they plotted to overthrow the government of President Yoweri Museveni. The prosecution claims that Dr. Besigye, a former presidential candidate and long-time opposition leader, travelled abroad to meet individuals with the aim of planning regime change and allegedly received over USD 4,000 to fund subversive training activities.
The case was initially filed before the General Court Martial on November 28, 2024, under file number UPDF GCM/040/2024. However, following a Supreme Court directive, the charges were transferred to the civilian justice system, and the trio was recharged before Nakawa Court.
Part of the case’s complexity lies in the controversial arrest of Dr. Besigye and Hajji Lutale in Nairobi, Kenya, in October 2023. The two had travelled to attend a book launch hosted by Kenyan politician Martha Karua. They were detained by plainclothes security agents and transferred to Uganda.
Upon their arrival in Uganda, the pair was charged with treason, illegal possession of firearms and ammunition, and conduct prejudicial to state security. Capt. Denis Oola was later added to the charge sheet.
As Dr. Besigye, Lutale, and Oola return to Luzira Prison, their lawyers remain adamant that the constitutional provisions are clear and must be upheld.
“This is a question of law, not politics,” said Lukwago. “The Constitution cannot be selectively applied.”