Nakawa Chief Magistrate Christine Nantege has refused to grant mandatory bail to opposition leader Dr. Kizza Besigye and co-accused Ronald Lutale, sparking fierce courtroom clashes over constitutional rights. The magistrate redirected the bail application to the High Court, triggering immediate protests from defense lawyers who insist their clients have been unlawfully detained for 196 days—far beyond the 180-day limit requiring automatic release under Article 23(6)(c) of Uganda’s Constitution.
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Key Arguments in the Legal Battle
Defense Position:
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“Liberty cannot be reset by legal technicalities”: Lawyers David Mpanga and Eron Kiiza argued that the 180-day remand period began when Besigye and Lutale were first arrested in November 2024—not when their case was transferred from military to civilian court in February 2025.
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“The state failed to commit them for trial within the constitutional window”: Lord Mayor Erias Lukwago emphasized that prosecutors missed the legal deadline, making mandatory bail an absolute right.
Prosecution’s Counterclaim:
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State Attorney Richard Birivumbuka insisted the clock only started in February, meaning the suspects have been in remand for just three months under the current charges.
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He accused the defense of filing the bail application in “bad faith” to disrupt trial proceedings.
Magistrate’s Controversial Ruling
Chief Magistrate Nantege ruled that her court lacked jurisdiction to interpret constitutional timelines or account for time spent in military detention. She directed the defense to seek relief from the High Court—a decision lawyers called a “dereliction of judicial duty.”
What’s Next?
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The defense will challenge the ruling in the High Court, framing it as a critical test for Uganda’s judiciary.
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Besigye and Lutale remain in Luzira Prison, with rights groups condemning their prolonged detention as a violation of constitutional safeguards.
Legal observers warn: The case could set a dangerous precedent if courts allow the state to “reset the clock” on detention periods by transferring cases between jurisdictions.
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