Denis Obua’s bail terms

May 18, 2005

On April.12, Denis Obua, the former FUFA boss applied to court for bail after being arrested over alleged embezzlement and causing financial loss to FUFA. Below <b>Chibita wa Duallo</b> explains the conditions for bail:

This is an application for bail. It is brought to this court under article 23 and 28 of the Constitution and sections 14 and 15 of the Trial on indictments Act.
The application is grounded on the assertion that the applicant is of advanced age and that he is such a person entitled to be released on bail. The applicant, allegedly committed the offences of embezzlement and causing financial loss between 1999 and 2001 at the FUFA Headquarters. He pleaded not guilty and was remanded.
Bail is essentially security given to court by another person, known as a surety that the accused will attend trial on the day appointed for trial. It also includes recognisance entered into by the accused committing to appear before court on the days set for trial, failure of which results in the forfeiture of the recognisance and the immediate arrest and committal to prison should the accused fail to appear.
There are two basic considerations that underlie entitlement to bail.
First is the cardinal principle of the presumption of innocence. An accused person is presumed innocent till there is a voluntary plea of guilt to the charge, or until the charge is proved against the accused. It follows, therefore, from this presumption of innocence that, in normal circumstances, it is unfair to keep in prison an accused person, whose trial is still pending.
The second consideration is that the interests of justice require that an accused be afforded an opportunity of preparing and building a defence against the charges being faced. The accused cannot do this effectively while in prison.
The importance of the above two considerations is exemplified by the fact that in England where Uganda got its judicial system, it is an offence against the liberty of the subject, at common law, for a judge to refuse or delay bail to an accused whose offence is bailable.
Against those factors are those that dictate that, in appropriate cases, bail should be denied. The State has to ensure that the course of justice is not tampered with by an accused interfering with prosecution evidence. Secondly, bail can be denied to prevent a perception of the system being seen as a mockery.
A court will be reluctant to release an accused on bail, who is charged with an offence carrying a maximum sentence of death.
The reason for the reluctance is that, given the nature of the sentence, that the accused is more inclined to jump bail and run away from justice, because such is a better option than losing life.
It has to be appreciated however that the issue of whether to grant or refuse bail is a matter of discretion of the court. This discretion is vested by article 23(6)(a) of the Constitution and also supported by several decisions of this court. It must be judiciously exercised and must therefore be according to common sense and justice.
The applicant in this case has partly based his application on the ground that he is 57 years old. The State has contended that the applicant has not proved his age since he has not produced any birth certificate. This court is entitled to determine as a matter of fact the age of a person before it. That evidence need not always be a birth certificate. Court accepts the evidence of the applicant and that of his wife on this point.
The court has also had the opportunity to physically look at the applicant. His physical appearance tallies with the age of 57.
Advanced age is not statutorily defined in Uganda. However, court held in Lazario Kasimoni and others that the ages of 50 and 55 were advanced ages for purposes of bail. Advanced age alone, however is not enough to entitle the applicant to bail.
The applicant has claimed to have a place of residence at plot 52, Bukoto Street, Kampala and also to have been President of FUFA and currently CECAFA and a committee member of CAF.
He claims that during his youth he was a national football star, who represented the nation in the soccer team over many years. The State has not disputed this apparently outstanding C.V. of the applicant in the world of soccer.
The court in the exercise of its discretion holds that the applicant has made out a case to be granted bail. Bail is accordingly granted on the following conditions:
  • Cash deposit of sh2m
  • A certificate of title of developed real property with a value of not less than sh100m
  • In the alternative to the above, the applicant is to deposit his passport.
  • Each of the four sureties is to execute a non-cash bond of sh30m.
  • The applicant is to report to the Chief Magistrates court, Buganda Road, at every 15 day of the month until the trial is completed or until this court makes further orders.

    Dated at Kampala April 15, 2005
    Denis Obua Otima vs Uganda before justice Remmy Kasule

    (adsbygoogle = window.adsbygoogle || []).push({});