Denying suspects bail contradicts the Ugandan Constitution
Posted Saturday, February 2 2013 at 02:00
He may petition the Constitutional Court on grounds that according to him, bail is inconsistent with or contravenes provisions of the Constitution.
Bail refers to obtaining release of one or another by providing security for future appearance.
This implies that the accused has not been acquitted. Article 23 (6) (a) of the 1995 Constitution as amended provides that where a person is arrested in respect of a criminal offence, the person is entitled to apply to court to be released on bail, and the court may grant that person bail on such conditions as the court considers reasonable.
Denial of bail would be denial of rights to an accused person. Fighting corruption is a good cause but the fight should not in any way violate constitutional rights. If the President is not satisfied with bail being granted to accused persons then he has an opportunity to express his discontentment under Article 137 (3) (b) of the 1995 Constitution as amended. He may petition the Constitutional Court on grounds that according to him, bail is inconsistent with or contravenes provisions of the Constitution.
It should only be the Judiciary to exercise discretion whether to grant or not to grant bail to the accused person and the Executive should not in any way interfere with the right to bail since it is a court matter .Uganda being a democratic state should be governed basing on democratic principles in relation to the rule of law.