Besigye loses bid to be released on mandatory bail

KAMPALA, UGANDA | THE INDEPENDENT | The Nakawa Chief Magistrates Court has declined to release Rt.  Col Dr. Kizza Besigye and his aide Hajji Obeid Lutale on bail despite clocking the mandatory 180 days on remand without trial.

On Thursday, the Chief Magistrate Christine Nantege ruled that in line of the 2022 bail guidelines, she lacks powers to grant mandatory  bail in capital offences as such power is now vested in the High Court.

Besigye’s lawyers are asking for a transfer of the case file to the High Court in order to hear the application for mandatory release, which Nantege declined to grant saying she did not make a pronunciation on whether the accused had clocked the mandatory 180 days on remand .

Besigye’s lawyers also seek to halt the proceedings and have a review of the Magistrate’s ruling before the High Court regarding the legality , impropriety and correctiness of the decision to deny bail.

The prosecution team, led by Richard Birivumbuka had come ready to make amendments in the charges to clearly give the particlars of the offence  and have the accused  committed to High Court for trial.

Besigye’s lawyers, led by Martha Karua said the court at cannot take any other  steps other than to have Besigye and co-accused  released on bail as mandated by the Constitution.

The lawyers argued that since November 20th 2024, when Besigye and Lutale were arraigned before the General Court Martial, it has clocked 196 days without committal for trial.

The lawyers then informed Chief Magistrate Nantege that the Jaunary Supreme Court decison which barred the trial of civillians before millitary courts, directed for the transfer of the case files to a civil court – thus just making a continuation of the trial process and the state cannot argue that it only got involved in  Beisgye’s case in Febraury 2025.

However, Birivumbuka said it’s only irregular for Besigye’s lawyers to refer to the terminated charges before the court Martial as the DPP never inherited any charges but rather initiated new investigations and charges on February 21st 2025.

Birivumbuka also questioned where a magistrates court draws powers to interfere in proceedings before the General Court Martial whose record it doesnot have.

He then asked the magistrate to dismiss the application for mandatory bail because it is being made in bad faith, proceed with the committal of the accused before the High Court for trial as investigations are complete.

The Magistrate dismissed the application for lack of jurisdiction and advised the lawyers to seek bail in the High Court.

Besigye is jointly charged with Obeid Lutale, his personal Assistant and UPDF’s Captain Denis Oola.

On April 22nd 2025, Besigye and Lutale filed a second bail application last month after Justice Rosette Kania dismissed their first request on April 11, 2025, citing a high risk of interference with investigations and the seriousness of the treason charges.

In the fresh application, which has not yet been heard by the High Court, the duo emphasised their permanent residences, Besigye in Kasangati and Lutale in Ssabagabo, and their willingness to comply with bail conditions.

The two  Including Captain Denis Oola have now spent over 180 days in custody on treason and misprision of treason charges. Oola however has been in prison for more than 18 months now since he was arrested a year before the arrest of Besigye and Lutale and had other chargers in the  defunct General Court Martial in Makindye prior to their arrest.

Prosecutors allege that, while in Geneva, Athens, Nairobi, and Kampala, the suspects sought firearms, logistics, and funding to overthrow the Ugandan government.

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