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The High Court in Kampala has set Thursday (July 24) as the date on which it will hear the bail application of former Kampala Lord Mayor Erias Lukwago, who has been charged with misprision of treason.
High Court judge David Matovu has since ordered the prisons authorities to produce him on the said date at the Criminal Division of the High Court in Kampala for the hearing of his bail application.
Last week, Lukwago was committed to the High Court for trial after the prosecution tendered in court an indictment and summary of the case, indicating that investigations into the matter have been concluded.
Makindye Chief Magistrate Sarah Basemera had earlier denied him bail on several grounds, including incomplete investigations and instead referred him to Mulago National Referral Hospital for a medical check.
The doctors at Mulago, in their report, have since recommended that he should undergo a review by his primary doctors in India.
In his application, Lukwago states, among others, that he is suffering from hypertension, chronic gastritis, hiatus hernia, serious spinal complications, and respiratory ailments that require urgent medical attention.
The 56-year-old politician said his medical condition cannot be managed by either the prisons or doctors at Mulago National Referral Hospital.
Lukwago argued that he is still presumed innocent under the law and that he has substantial sureties to bail him out.
They include Gulu Woman MP Betty Aol Ocan, former Buikwe South MP Dr Lulume Bayiga, Mukono municipality MP Betty Nambooze and his elder brother Haji Abdu Ssewankambo.
Lukwago was arrested from his home in Wakaliga within Rubaga division, Kampala, on June 15 by security personnel and was produced in court a week later.
Speaking during special duwa prayers for him at their residence last week, Lukwago’s wife Zawedde Lubwama appealed to the judiciary to release her husband on bail to fly to India for specialised treatment before his condition worsens.
“Now that we have a medical report from Mulago National Referral Hospital confirming that my husband is sick and requires urgent surgery from his primary doctors in India, I request the judiciary to release him on bail so that he can access specialised treatment before his condition worsens,” Lubwama said.
She said if the judiciary cannot release him on bail, it should order the prisons authorities to fly him to India for treatment to save his life since they have already indicated that they lack the capacity to treat him.
“I am glad that the medical report from Mulago confirmed that he is sick and he needs an immediate medical operation because some people thought he was playing mind games,” Lubwama said.
Lubwama revealed that Lukwago has been suffering from a number of ailments which she said have been exacerbated by the torture that was allegedly meted out on him during arrest.
The charges
Lukwago, who is also the executive chairperson of the opposition People’s Front for Freedom party, is accused of knowing that former presidential candidate Dr Kizza Besigye, his aide Haji Obeid Lutale, Joel Wakhaima and Frank Kihehere Atukunda intended to overthrow the Government, but failed to report to the authorities or use reasonable efforts to prevent it.
The offence of misprision of treason is contrary to section 25 of the Penal Code Act and it attracts a maximum punishment of life imprisonment on conviction.