Besigye and aide Lutale denied bail in treason case

KAMPALA - The High Court in Kampala on Friday (April 11) denied bail to four-time opposition presidential candidate Dr Kizza Besigye and his aide, Hajj Obeid Lutale, yet again dealing a blow to the duo.

Their supporters broke out in defiant chants of 'We shall overcome some day!" seconds after the announcement of the verdict at 11:20 am.

Temporary freedom remains elusive for the two men, who have been on remand at Luzira Prison since last November — facing charges of treason and misprision of treason.

Acting Registrar Ssalaam Godfrey Ngobi, representing Lady Justice Rosette Comfort Kania, wrapped up the 17-page ruling by declaring that the applicants — Besigye (first applicant) and Lutale (second applicant) — were denied bail.

Their supporters had grown in confidence during the reading of the ruling as the applicants were found to have satisfied some of the requirements for granting them bail, including their sureties.

Besigye, his co-accused and their lawyers led by Erias Lukwago before court today. (All Photos by Margret Zalwango)

Their application was based on the constitutional principles of the right to liberty and presumption of innocence.

But in the end, the court decided that the two high-profile applicants may fall prey to interference of the case if out on bail.

"These courts need liberation," said  Buhweju County Francis Mwijukye, one of Besigye's sureties, outside the courtroom after the ruling.

"It is a dark Friday for us. It is a terrible decision. It is a terrible precedent," lead defence lawyer Erias Lukwago told reporters after the verdict. "We are retreating to our chambers to chart a way forward."

Packed courtroom

By 9 am on a warm Friday morning, the courtroom was already filled by the duo's eager and hopeful supporters, including family and politicians, the two sets of legal teams, and journalists.

Outside, around the same time, Besigye and Lutale were shuttled into the court compound under heavy guard ahead of the much-anticipated verdict nearly a month since they had applied for bail (on March 14).

The court session got underway just after 10 am.

Besigye and Lutale — both wearing masks and relieved of handcuffs — silently stood in the dock, flanked by Uganda Prisons Service officers.

The sizeable defence team included Erias Lukwago, Samuel Kayizzi, Eron Kiiza and Ernest Kalibala. Kiiza was himself only last week granted bail by the High Court after spending nearly three months behind bars.

The prosecution team was represented by Chief State Attorney Richard Birivumbuka.
With Lady Justice Kania absent, the ruling was then read out by Acting Registrar Muhumuza, who presented the matters of the case.

The document carried the arguments submitted by both sides, making a case against and for granting of bail.

An hour into Muhumuza's reading of the ruling, the applicants and their supporters could sense where this was heading to: in their favour. Some were seen clenching their fists in muted early celebrations.

However, it ended in disappointment for the defence camp.

Applicants' arguments for bail

In making their case for bail last month, Besigye and Lutale had argued that their advanced ages of 68 and 65, respectively, make it difficult for them to cope with the harsh prison conditions they have experienced during their detention at Luzira Prison.

They pointed out their status as responsible citizens with permanent residences in Wakiso district in Buyinja LC1 Wampeewo Ward Kasangati and Mutundwe ward Gombolola Ssabagabo Makindye, respectively.

They assured the court that they posed no threat to investigative processes and were willing to appear for trial as required once released on bail.

Besigye’s sureties included MPs Ibrahim Ssemujju Nganda (Kiira Municipality), Francis Mwijukye (Buhweju County), Tonny Muhindo (Bukonzo East County) and Nicholas Kamara (Kabale Municipality).

Lutale presented his wife Halima Nagitta, brother Hamza Ssewankabo and daughter Zurah Nanfuka as his sureties.

Besigye and Lutale are charged together with Capt. Denis Oola, who is attached to the Armoured Brigade of the Uganda People's Defence Forces (UPDF).

They were abducted by Uganda’s security forces on November 16, 2024, in Nairobi, Kenya, where they had travelled to attend a book launch by Kenyan politician Martha Karua, who later became Besigye’s lead lawyer in the case.

They were later forcibly returned to Uganda, detained at Makindye Military Barracks, and arraigned at the General Court Martial on charges related to security and illegal possession of firearms.

However, due to a jurisdictional issue, their case was transferred to a civilian court, as Besigye and Lutale are civilians. 

They were subsequently charged with treason and misprision of treason at Nakawa Chief Magistrates Court and remanded to Luzira Prison.

(Additional reporting by Michael Odeng)