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The Chief Magistrates’ Court at Makindye has declined to grant bail to the former Kampala Lord Mayor Erias Lukwago, charged with misprision of treason.
In her ruling delivered on Tuesday (June 23), Chief Magistrate Sarah Basemera said where investigations are ongoing and incomplete, and the surrounding circumstances objectively indicate a real possibility of interference with the investigative process, the court is justified in adopting a cautious approach in the interest of justice.
"The court is mindful that constitutional rights are not exercised in isolation but within a framework that equally protects society's right to a fair and effective criminal justice system," she said.
The magistrate noted that the ongoing investigations, when considered alongside Lukwago's public influence and the particular circumstances of the case, constitute relevant factors weighing against the grant of bail at this stage.
However, she directed the officer in charge of Murchison Bay Prison to ensure that Lukwago continues to receive all prescribed medication and medical care in accordance with the recommendations of medical specialists.
The magistrate stated that Lukwago’s sureties were substantial. They included Gulu City MP Betty Aol Ochan, Mukono municipality MP Betty Nambooze and former Buikwe South MP Michael Lulume Bayigga.
She also stated that Lukwago has established that he has a fixed place of abode at Wakaliga in Kampala.
The magistrate scheduled June 30, 2026, when Lukwago will return to the court for mention of his case.
Lukwago, who is also the People’s Front for Freedom (PFF) president, had applied for bail, citing ill-health.
Allegations
According to the prosecution, Lukwago concealed information about an alleged plot by his client, four-time presidential candidate Dr Kizza Besigye, and his aide, Obeid Lutale, to commit treason.
Prosecution further alleges that Lukwago withheld information from government authorities regarding the alleged involvement of Joel Wakayima and Frank Tuhaire Atukunda in the purported treason plot.
Lukwago is among the lawyers representing Besigye and Lutale, who are charged with treason and misprision of treason alongside Capt. Denish Oyaa Oola of the Uganda People's Defence Forces (UPDF), attached to the Armoured Brigade. The offences attract a maximum sentence of death upon conviction.
The treason trial of Besigye and his co-accused is yet to commence and is scheduled to be heard before Justice Emmanuel Baguma of the Criminal Division of the High Court.
Defence lawyer Sseggona stated that Lukwago is suffering from gastritis, which requires consistent medical supervision by specialised personnel.
He said that as a result of the condition, Lukwago has to take small quantities of food provided at particular intervals, accompanied by particular medication. The lawyer also said Lukwago suffers from respiratory ailment relating to his breathing.
Sseggona further told the court that Lukwago suffers from hypertension, a condition he said had worsened during the two days the lawyer spent in military detention.
The lawyer submitted that Lukwago was not a flight risk and undertakes not to leave the country without a court order.
Response
However, the Office of the Director of Public Prosecutions asked the court not to grant bail to Lukwago, arguing that the charges he is facing are grave in nature and raise national security concerns.
In written submissions filed before the Makindye Chief Magistrates’ Court on Friday (June 19), the prosecution stated that Lukwago allegedly knew of a plot to overthrow the government but failed to report it to the relevant authorities.
“The offences related to treason have far-reaching implications for national security because they involve allegations connected to attempts to overthrow a government,” Senior State Attorney Judith Nyamwiza submitted. She is being assisted by Carol Opiya.
She stated that such offences have the potential to destabilise the country, trigger violence, cause loss of life and disrupt the economy.