Opposition leader Dr Kizza Besigye (with arm raised) and his co-accused, Mr Obeid Lutale arrive at the High Court in Kampala on April 11, 2025 for their bail ruling. They were denied bail. PHOTOS/ISAAC KASAMANI
The look that one of Dr Kizza Besigye’s lawyers sported when a decision on the fate of his aide Mr Obeid Lutale’s bail application made by Justice Rosette Comfort Kania was being read by Ssalmu Ngoobi said it all.
A spasm of disgust contorted Mr Erias Lukwago’s face as the reading of Justice Kania’s decision swung from triumphalism to gloom in what seemed like a heartbeat.
“The judge has condemned Dr Kizza Besigye before trial [...] without any scintilla of evidence,” Mr Lukwago would later say after bail was denied not just for the Opposition leader but also his aide, Mr Lutale.
“The reasons advanced defeat logic," he said. The decision means that both Dr Besigye and Mr Lutale, who are accused of plotting to overthrow the Ugandan government through meetings in Kenya, Switzerland, Greece and Uganda between 2023 and 2024, will breach the grim milestone of 150 days spent in jail next week.
Mr Lukwago scoffed at the decision, noting that it upsets the foundations of jurisprudence in Uganda, specifically the presumption of innocence.
There had been a glimmer of hope for the friends and loved ones of the accused who had by 7am on April 11, 2025 packed the High Court building to the rafters.
Both Dr Besigye and Mr Lutale had satisfied all the relevant requirements for grant of bail, Justice Kania ruled. These included proving that the accused have fixed places of abode, have substantial sureties, are first-time offenders with no criminal record, and are of advanced age.
There was, however, a caveat. “The offences are alleged to have been committed in various locations in Uganda and in other countries, requiring more time and resources to conclude investigations than is normally the case in offences alleged to have been committed only in Uganda,” ruled Justice Kania.
He added: “Owing to the fact that the investigations are ongoing the interest of justice at this point dictate that the application for bail is denied on this occasion because there is the likelihood that the applicants if released on bail while investigations are ongoing owing to the grave nature of the offence may fall prey to the temptation to interfere with the investigations.”
Sureties hurdle Dr Besigye and Mr Lutale applied to be released on bail on grounds that their advanced ages of 68 and 65 respectively cannot handle harsh prison conditions. They also presented sureties, including Kira Municipality lawmaker Ibrahim Ssemujju Nganda; Francis Mwijukye of Buhweju County; Harold Tony Muhindo, the Bukonzo East lawmaker; and Nicholas Thadeus Kamara, the Kabale Municipality lawmaker.
All of them were found to be substantial sureties and competent to compel Dr Besigye to return to court whenever required, as they are senior members within a political party where he also belongs. The court also found substantial Mr Lutale's sureties. These included his wife, Halima Nagitta Lutale; his daughter, Zura Nanfuka; and his brother, Hamuza Ssewankambo.
The State had objected to Nanfuka and Ssewakambo being sureties on account that they were too young to pursue him to attend court.
“Although as one of the factors to consider in determining the suitability of sureties, the bail guidelines mention age, it does not, in my view, indicate that a surety must always be older than the applicant. It is enough that the sureties are adults in positions of responsibility or as so connected to the applicant that they are able to exert pressure on the applicant to comply with their bail conditions if granted bail,” the judge held.
He added: “To say that a surety must always be older than the applicant is to set a dangerous precedent where senior citizens of very advanced age may never be able to find sureties who are older than them.”
Justice Kania also ruled that although it's no longer mandatory to prove exceptional circumstances for the grant of bail, Dr Besigye and Mr Lutale proved that they are of advanced age to warrant being released on bail.
Dr Kizza Besigye's supporters sing outside the Hight Court in Kampala on April 11, 2025.
These grounds in addition to proving that the accused have fixed places of abode through providing photocopies of their national IDs and LC1 letters were deemed enough to satisfy the warrant of bail.
‘Grave offences’ Yet Justice Kania would go on to note that bail would be denied because of the grave nature of the charges and concerns of case interference.
Outside the court premises, a visibly exasperated Lukwago took exception to Justice Kania’s concerns, asking, rhetorically, “What is so exceptional about this particular charge?” This is the second losing attempt by the accused to seek release since their arrest in Nairobi on November 16, 2024.
The duo had travelled to attend the launch of a book by former Kenyan Justice minister Martha Karua. The first attempt at release, earlier this year, was rejected by Justice Douglas Singiza (now chairperson of the Judicial Service Commission), who ruled that his habeas corpus application had been overtaken by events.
At the heart of that application was Dr Besigye's claim that he was being illegally detained at Luzira prison, especially after the Supreme Court judgment that barred the General Court Martial from trying civilians.
However, before Justice Singiza could rule on the matter, the state charged Besigye before the civilian court at Nakawa, effectively pre-empting the habeas corpus petition.
Immediately after Justice Kania’s bail ruling yesterday, Besigye’s supporters broke into their now familiar “we shall never come” liberation song. Both Besigye and Lutale frantically flashed the V sign while they were serenaded before both were whisked back to prison.
The road ahead Mr Lukwago made it abundantly clear yesterday that the accused’s legal team has lost confidence and trust in Uganda’s justice system.
“We feel disturbed, we feel disillusioned [...] we are retreating to our chambers to chart a way forward [...] an appeal may be out of question [...] but there are other options [...] including seeking redress from other options away from the jurisdiction of this country. This is a political decision [...] it's not guided by the tenets or principles of justice […],” Mr Lukwago said outside the court’s premiseson April 11.
He added: “What are they investigating? We are shocked with the court's decision based on political aspirations and we are going to fight this decision beyond Uganda and East Africa.”
Dr Besigye, a four-time presidential candidate, and his aide, Lutale, are facing treason charges, which carry a maximum sentence of death. According to the prosecution, Dr Besigye, Lutale, Capt Denis Oola, and others still at large allegedly plotted to overthrow the government of Uganda by force of arms between 2023 and November 2024.
The alleged plot spans multiple countries, including Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala City.
Following the arrest of both Dr Besigye and Lutale on November 16, 2024, the pair made appearances in the General Court Martial (GCM).
On January 31, 2025, the Supreme Court halted the trial of civilians in the GCM. It consequently ordered that cases before the military tribunal involving civilians be transferred to civilian courts.
Both Dr Besigye and Lutale consider themselves to meet the threshold of being deemed to be a civilian. A source previously told this newspaper that Lutale “has been a trader and business person all his life until the time of the Reform Agenda when he decided to join politics as a member of the Forum for Democratic Change before it was born.”
Dr Besigye retired from the Uganda People’s Defence Forces in 2001 at the rank of colonel.
