Treason: Besigye, Lutale apply for bail
Dr Kizza Besigye and his aide Hajj Obeid Lutale together with their thirs co-accused Capt Denis Oola in the dock at the Nakawa Magistrate's Court on February 21, 2025. The trio faces treason charges. PHOTO | ABUBAKER LUBOWA
What you need to know:
The duo, alongside a UPDF officer, Capt Denis Oola was arraigned before the Nakawa Chief Magistrates Court last Friday and charged with treason-related offences
Veteran opposition politician Kizza Besigye who is facing treason and misprision of treason charges, has applied to be released on bail.
In his application that he filed before the Criminal Division of the High Court in Kampala on February 27 through a host of law firms led by Lukwago & Co. Advocates, Dr Besigye raised at least nine grounds that he is relying on to convince a judge to temporarily release him on bail.
His co-accused and political aide, Hajji Obeid Lutale has also applied to be released on bail.
The duo, alongside a UPDF officer, Capt Denis Oola was arraigned before the Nakawa Chief Magistrates Court on February 21, 2025 and charged with treason-related offences.
Treason being a capital offense, the trio was remanded to Luzira prison since the magistrate’s court doesn’t have the jurisdiction to hear their bail application.
In his bail application, the former personal physician of President Museveni in the Luweero bush war days, summarily claims he is simply being “persecuted” for his defence of the constitution and insisting on the observance of the rights of citizens to live freely, organise themselves for lawful and peaceful political governance.
He also cites advanced, being 68 years old, and therefore cannot manage the harsh conditions in prison.
“I'm 68 years old and therefore of advanced age and not able to manage the harsh conditions in prison for the unknown period of my remand. Currently, I have been on lawful and unlawful remand for over 100 days,” Dr Besigye avers.
Under the third ground, he contends that since his being charged before the Nakawa Chief Magistrates Court, investigations haven’t been concluded to have him sent to the High Court that has jurisdiction to try capital offences including treason that he is facing.
“…I have not been committed to the High Court for trial and therefore, the period of pre-trial remand is unknown,” he states.
During his arraignment in court last Friday, Lino Anguzu, the Assistant DPP, said the investigations into the treason claims against the accused persons were not complete before he asked for an adjournment to another date.
The other grounds for bail are that he is a law-abiding citizen, knows the purpose of being released on bail, has abided by previous bail conditions in other matters including when he was released in previous two treason cases and rape, and never jumped bail but instead religiously attended court until the charges were no more.
“I have in the past, been released on bail and abided by all conditions ordered even while I was undergoing a rigorous campaign schedule for example during the 2006 general elections. In November 2005, I was maliciously charged with the offences of treason and rape. In both cases, which were being heard at Kampala High Court, I was granted bail and I abided by the conditions set until I was eventually acquitted on the rape charge after a hearing of the prosecution evidence and the charge of treason permanently prohibited by the orders of the Constitutional Court,” he avers.
Adding: “…Again after participating in the 2016 general elections, I was charged with treason on May 13, 2016 at the Chief Magistrates Court in Moroto. I know that I did not commit that offense and had only vigorously and unrelentingly demanded free and fair elections. I was arrested and taken to Moroto and later charged again with the same offense at Nakawa Chief Magistrates Court. I applied for bail on June 7, 2016, and I was granted bail on July 12, 2016. I abided by the conditions set until the offense was withdrawn by the state,”
Having substantial sureties, a pledge not to interfere with prosecution witnesses and he enjoys constitutional presumption of innocence are some of the other bail grounds that Dr Besiggye has listed.
Relatedly, Hajji Lutale in his affidavit, lists less similar bail grounds like those of Dr Besigye.
He states that he is of advanced age (65), not yet committed to the High Court to stand trial, has no known other pending charges, has no capacity to interfere with the investigations and witnesses, abides by the bail conditions, and enjoys constitutional innocence.
