The High Court in Kampala has rejected a bail application by opposition figure Dr. Kizza Besigye and his personal assistant, Hajji Obeid Lutaale, citing concerns that their release could interfere with ongoing investigations into serious treason charges.
Lady Justice Rosette Comfort Kania of the Criminal Division delivered the ruling on Friday, emphasizing that treason is among the gravest crimes under Ugandan law. She acknowledged the constitutional presumption of innocence and the right to bail but stated these principles should not undermine the judicial process, especially when sensitive investigations are underway.
While the Court found that Besigye and Lutaale met various bail requirements—such as proving they reside within the Court’s jurisdiction and presenting credible sureties—Justice Kania maintained that releasing them could compromise the integrity of investigations, particularly given the transnational nature of the alleged offenses. The prosecution claims the offenses span multiple countries, including Switzerland, Greece, and Kenya.
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Despite their compliance on several legal fronts, including submitting local council letters, valid identification, and presenting responsible sureties, the judge concluded that the risk of interference with investigations was too high to ignore.
The accused, who have been in detention since November 16, 2024 (over 140 days), face charges of treason for allegedly conspiring to overthrow the Ugandan government. They are also accused of working with a UPDF officer, Captain Denis Oola, to solicit weapons and financial backing and attend secret meetings abroad for this purpose.
Besigye defended his record, stating he has consistently complied with bail conditions in previous cases and has never been convicted despite facing several serious charges since 2005, including treason, rape, and terrorism. He argued that his history demonstrates that he is not a flight risk.
Lutaale also asserted that he has a permanent residence within the court’s jurisdiction and that his sureties—his wife, brother, and daughter—are suitable. The judge dismissed the prosecution’s claim that sureties should be older, calling that argument flawed and discriminatory against older accused persons.
Besigye had lined up long-time associates and legislators—MPs Ibrahim Ssemujju Nganda, Muhindo Tonny, Francis Mwijukye, and Nicholas Kamara—as sureties, while Lutaale presented family members.
The prosecution, led by Chief State Attorney Richard Birivumbuka, opposed the bail application, arguing that the proposed sureties lacked the authority and financial means and, in some cases, had their own legal issues. The state insisted that the gravity of the charges, which impact national security, justified continued detention.
The court was filled with emotional scenes as supporters of the accused wept and chanted in frustration over the decision.
Besigye and Lutaale are expected to return to court on April 28, 2025. Their legal team has also challenged the jurisdiction of the charges, arguing that a Supreme Court decision had earlier ruled out military court trials for civilians, yet they were initially arraigned before a military tribunal following their arrest in Nairobi.
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