Uganda opposition leader on treason charges, denied bail

By Our Correspondent, KAMPALA Uganda

The High court in Kampala, Uganda has denied bail to opposition leader Dr Kizza Besigye and his personal assistant Hajji Lutale, citing the likelihood of interference with ongoing investigations into charges of treason and misprision of treason.

Opposition leader Dr Kizza Besigye (right) and his personal assistant Hajji Lutale

Presiding over the matter, Criminal Division justice Rosette Comfort Kania acknowledged the constitutional right to bail and the principle of presumption of innocence. However, she emphasized that the gravity of the offense and the possibility of compromising investigations outweighed those rights in this particular case.

She said treason remains the most serious offense in Uganda’s legal framework and that while the applicants have fulfilled several legal requirements, the court is persuaded that releasing them now would likely compromise the integrity of ongoing investigations.

Besigye and Lutale are jointly charged alongside Uganda People’s Defense Forces (UPDF) officer Captain Denis Oola. The trio is accused of conspiring to overthrow the Ugandan government in activities allegedly carried out across multiple countries, including Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala.

The accused had initially been charged before the Makindye-based military court. However, the Director of Public Prosecutions (DPP) later took over the matter and filed fresh charges following their arrest in Nairobi.

The Supreme court subsequently ruled that the military court had no jurisdiction to try the civilians, prompting the bail application now rejected. Despite the court recognizing that both Besigye and Lutale have fixed residences within its jurisdiction, and that their sureties were suitable, Justice Kania held that the risk of tampering with transnational investigations remained significant.

She praised the sureties provided by both accused parties, noting their understanding of responsibilities and personal ties to the applicants. Besigye’s sureties included long-time political allies and legislators such as Ibrahim Ssemujju Nganda (Kira Municipality), Muhindo Tonny (Bukonzo East), Francis Mwijukye (Buhweju County), and Nicholas Kamara (Kabale Municipality).

Lutale’s sureties were his wife Halima Nagitta, brother Ssewankabo Hamza, and daughter Nanfuka Zura. The prosecution, however, argued that the sureties lacked adequate financial influence, failed to provide proof of bond capacity, and were younger than the accused, raising questions about their authority.

They also pointed to pending legal issues against MP Ssemujju as grounds for disqualification. The state further warned that the charges have serious implications for national security and that releasing the accused posed a flight risk.

The court concurred, especially noting the international scope of the alleged offenses. Justice Kania said while older accused persons cannot be denied bail for lacking older sureties, a precedent that would be dangerous, this court is compelled by the likelihood of interference with investigations, which span multiple jurisdictions.

The accused have been on remand since November 16, 2024 (now over 140 days) held at Luzira prison. During the hearing, supporters and relatives broke down in tears as the ruling was delivered, with chants and emotional outbursts heard outside the court.

Besigye had pleaded that he has consistently returned to court in previous cases where he was granted bail and had never absconded. He also emphasized his commitment to abiding by court terms, despite the history of politically charged allegations against him, none of which have ever resulted in conviction.

Lutale, meanwhile, reiterated that he has a permanent residence within the High court’s jurisdiction and would comply fully with any court conditions if granted bail.