Jailed opposition politician Dr Kizza Besigye and Obeid Lutale have filed a second bail application in the High court.
Earlier on April 15, justice Rosette Comfort Kania dismissed their bail application on the basis that they were likely to interfere with ongoing police investigations, more so that they are charged with the gravest offence, treason.
In their new application, Besigye and Lutale contend that they were charged with treason and misprision of treason on February 21, 2025, at Nakawa Chief Magistrate’s court and remanded in custody.
The applicants argue that they are responsible citizens with permanent places of abode. Besigye resides at Buyinja LC I, Kasangati Town Council in Wakiso district, while Lutale resides at Kisigula village, Makindye in Wakiso district.
They state that they have respect for the law and bail processes, and are willing to comply with all reasonable conditions set for their admittance to bail. Besigye, a former presidential candidate, highlights his background as a retired colonel in the Uganda Peoples Defence Forces (UPDF) and his participation in the 1981-1986 bush war that brought the incumbent President of Uganda, Yoweri Kaguta Museveni to power.
He asserts that he has always advocated for peaceful and non-violent means to ensure Uganda is governed according to the law and constitutional dictates. The applicants recount their abduction from Nairobi, Kenya, on November 16, 2024, and subsequent detention at Makindye Military Barracks without due process.
They were later charged before the General Court Martial, which they protested, citing their civilian status. Following the Supreme court’s judgment that declared the trial of civilians before the General Court Martial unconstitutional, the applicants were charged with treason and misprision of treason.
They deny the charges and are seeking bail from the High court, as the offences are only bailable by this court. Besigye further emphasises he is of advanced age of 69 and unable to manage the harsh prison conditions for an unknown period.
Through their lawyers from 13 law firms led by Erias Lukwago and AF Mpanga Advocates, both Lutale and Besigye state that they have been on remand for over 150 days without a trial date.
Besigye assures the court in his accompanying affidavit that as a law-abiding citizen, he will not commit an offence while on bail, citing his past experiences where he was charged with grave offences, including treason and terrorism, but was eventually acquitted or had the charges dropped.
He highlights his history of complying with bail conditions, even during rigorous campaign schedules, and notes that he has substantial sureties willing to ensure his appearance in court and that they cannot interfere with the investigations.
The applicants had previously applied for bail and satisfied all legal requirements for release on bail, but still their application was dismissed. The Uganda Law Society (ULS) has since criticised justice Kania for departing from the law and what the Constitution provides for to going into speculation without evidence that Besigye and Lutale were likely to interfere with ongoing investigations.
Besigye and Lutale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded by Nakawa Chief Magistrates court until April 30 2025, as investigations into charges of treason and misprison of treason continue.
The prosecutors allege that the trio, while in various cities including Geneva, Switzerland, Athens in Greece and Nairobi in Kenya and Kampala in Uganda, solicited firearms, logistical and financial support and attended meetings with the intention to overthrow the current government of Uganda.
