Court to rule on Besigye bail application on Tuesday

___________________

High Court judge Emmanuel Baguma is Tuesday (December 23) expected to rule on the bail application filed by four-time presidential candidate Dr Kizza Besigye and his aide, Hajji Obeid Lutale.

The court will also rule on whether to temporarily halt the treason trial, pending the Constitutional Court’s determination of their petition.

Besigye and Lutale petitioned the Constitutional Court seeking a declaration that a judicial officer’s refusal to recuse himself from their treason case after a complaint against him was filed with the Judicial Service Commission contravenes the law.

The two are jointly charged with treason and misprision of treason alongside a Uganda People’s Defence Forces (UPDF) officer, Capt. Denis Oola, attached to the armoured brigade. The offences attract a maximum sentence of death on conviction.

When the case came up on Monday (December 22), defence lawyer Earnest Kalibbala asked the court to release Besigye and Lutale on bail, in case a stay of proceedings is granted.

Other defence lawyers include Kenyan Martha Karua, Erias Lukwago, Fred Mpanga, Bayern Turinawe, Farouk Kamulegeya, Abubakkar Ssekanjako, Kato Tumusiime and Simon Nsubuga.

“Your only concern should be if the accused will return back to court for trial,” argued Kalibbala.

The lawyer submitted that the accused persons (Besigye and Lutale) have fixed places of abode in Buyinja Zone in Kasangati and Kisigula Cell in Makindye-Ssabagabo, respectively.

Kalibbala also stated that the duo are of advanced ages of 69 and 66, respectively, with no prior convictions, and have a record of complying with previous bail terms.

They have argued that investigations are complete and sureties who were already found to be substantial are still available and implored Baguma to release Besigye and Lutale not to spend a second Christmas in prison.

In rebuttal, Chief State Attorney Richard Birivumbuka asked the court not to grant Besigye bail, arguing that the application was filed to frustrate the trial and that "similar applications have been made in the past and dismissed."

Birivumbuka was assisted by the Assistant Director of Public Prosecutions, Thomas Jatiko.

Prosecution alleges that Besigye, Lutale, Oola and others, still at large, between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and in Kampala (Uganda), contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, the accused, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which is tantamount to misprision of treason.