The High court in Kampala has dismissed a bail application filed by veteran opposition politician Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, who are facing charges of treason.
In his ruling, justice Emmanuel Baguma stated that the application was premature, as the mandatory 180-day remand period had not been met. The judge clarified that the official remand period began on February 21, 2025, when the applicants were formally charged in a civilian court, not from their initial detention by the military court in November 2024.
“Having found that the applicants had not clocked the mandatory period, which is the bedrock of this application, I don’t find it prudent to delve into other concerns like the substantiality of sureties and ability of the applicants to return for trial,” Baguma ruled.
The applicants’ lawyers, a prominent team led by Kenyan politician and senior counsel Martha Karua and including Fredrick Mpanga, Eron Kiiza, and Erias Lukwago, argued that their clients had been in continuous detention since November 20, 2024.
They claimed the pair was abducted by Ugandan security operatives in Nairobi, Kenya, and illegally transferred to Uganda, where they were initially charged in a military court. The defense contended that under Article 23(6)(c) of the Constitution, their clients, Besigye, 69, and Lutale, 65, were entitled to mandatory bail after having spent more than 180 days in custody.
They cited a recent Supreme court ruling that declared the trial of civilians in military courts unconstitutional. However, the state, represented by chief state attorney Richard Birivumbuka, maintained that the charges filed in the civilian court were new and separate from the military proceedings.
They argued that the time spent in military custody could not be counted toward the 180-day requirement. Justice Baguma sided with the prosecution, stating that the court could not rely on claims of earlier detention without formal documentary evidence of court-martial proceedings.
He emphasized that the court must be guided by evidence properly adduced before it, not public narratives. The judge also noted that the bail application was filed one day before the applicants were formally committed to the High court for trial, rendering the mandatory bail issue moot.
While dismissing the application, Baguma did order that the case be given “immediate priority for hearing,” citing the applicants’ right to liberty and an expeditious trial. Besigye, a four-time presidential candidate and outspoken government critic, remains on remand at Luzira prison.
This marks the third time his bail application has been dismissed, with previous attempts failing in April 2025 and May 2025. Besigye and Lutale, along with a UPDF officer, Captain Denis Oola, are accused of soliciting firearms and financial support in various cities, including Geneva, Athens, and Nairobi, with the intent to overthrow the Ugandan government.
I can’t imagine whatever Mr. M7 has been doing to Dr. Besigye since 1999, was the same thing being done to him (M7) by Dr. Besigye. It is unbelievable!