The Director of Public Prosecutions has asked the High Court to reject a bail application by People’s Front for Freedom president Erias Lukwago, arguing that his political influence and the seriousness of the charge against him could pose risks to his trial.
The prosecution says Lukwago, who is charged with misprision of treason, could interfere with witnesses or fail to return to court if released from custody.
The State’s position is contained in an affidavit filed before the Criminal Division of the High Court by Chief State Attorney Joseph Kyomuhendo.
According to the affidavit, Lukwago has not shown exceptional circumstances warranting his release while awaiting trial.
Prosecutors have also challenged his argument that his health has deteriorated in prison and requires specialised treatment outside the prison system.
The State maintains that the Uganda Prisons Service has medical personnel capable of attending to his condition. It also disputes claims that Lukwago was assaulted while in custody, forced to undergo physical drills or subjected to detention conditions that aggravated his health problems.
The DPP further argues that Lukwago’s public standing could give him considerable influence over people connected to the case.
Lukwago is a senior advocate, former Kampala Lord Mayor and president of the People’s Front for Freedom.
The prosecution says those positions could enable him to interfere with State witnesses if granted bail.
It has also questioned whether the four people presented as sureties offer sufficient guarantees that Lukwago would attend court whenever required.
The proposed sureties are his law partner Chrysostom Katumba, his elder brother Abdul Sewankambo, Mukono Municipality MP Betty Nambooze Bakireke and former Rubaga North MP Moses Kasibante.
Prosecutors have additionally cited the potential punishment attached to misprision of treason, which carries a maximum sentence of life imprisonment.
They argue that the severity of the possible sentence increases the risk of the accused absconding.
“The charges relate to alleged activities that undermine the affairs and security of Uganda,” the affidavit states, adding that releasing the accused could prejudice the prosecution if witnesses are influenced or if the accused fails to appear for trial.
The bail application came before Justice David Matovu on Friday.
The judge did not hear oral arguments and instead directed the prosecution and defence to make their cases through written submissions.
The defence will submit first, after which prosecutors will respond before the defence files a final rejoinder.
Justice Matovu is expected to issue his decision on July 30 through the Electronic Court Case Management Information System (ECCMIS).
Lukwago’s lawyer, Medard Lubega Sseggona, said after the court session that proceedings had largely involved introducing the proposed sureties and setting deadlines for submissions.
The defence continues to raise concerns about Lukwago’s health.
Sseggona said his client’s condition had continued to deteriorate while on remand and argued that he required specialised medical attention.
The lawyers had sought Lukwago’s referral to Mulago National Referral Hospital. However, according to Sseggona, the judge directed prison authorities to take appropriate action after consultation with the Uganda Prisons Service medical team.
Sseggona acknowledged efforts by prison authorities to provide treatment but said the prison healthcare system was overstretched and lacked sufficient specialised personnel and equipment.
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He cited congestion at Murchison Bay Prison Hospital and said a single physiotherapist serves the entire prison system.
The lawyer said physiotherapy could help manage Lukwago’s pain and symptoms but would not adequately address the underlying medical condition.
Lukwago, 56, says he should be released pending trial because he has a permanent residence in Wakaliga in Rubaga Division, has practised law for nearly 30 years and understands his obligation to attend court.
He has also invoked the constitutional presumption of innocence and argues that remaining in prison could further affect his health.
Lukwago was committed to the High Court last week after the Makindye Chief Magistrate’s Court was informed that investigations had been completed.
An indictment signed by Assistant Director of Public Prosecutions Thomas Jatiko accuses Lukwago of failing to report information about an alleged plan to overthrow the Ugandan government between 2021 and November 2024.
Prosecutors allege that Lukwago knew opposition figures including Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda intended to commit treason but failed to report the alleged plan or take reasonable steps to prevent it.
Misprision of treason is provided for under Section 25 of the Penal Code Act and relates to failure to promptly report knowledge of intended treason to the authorities.
Lukwago denies the charge.
The High Court is expected to determine on July 30 whether he will remain in custody or be released on bail while awaiting trial.
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