BAIL BLOW! Court Throws Out Besigye, Lutale Freedom Bid
Left to Right: Captain Denis Oola, Dr Kizza Besigye, and Obeid Lutale Appearing before the High Court in Kampala on treason charges.
The High Court Criminal Division in Kampala on Wednesday dismissed a joint bail application by Dr. Kizza Besigye and Hajji Obeid Lutale. Justice Emmanuel Baguma ruled that the applicants failed to prosecute their own case, leading to the dismissal.
Justice Emmanuel Baguma dismissed the application, saying Besigye, Lutale and their legal team had abused the court process by declining to proceed with the hearing despite previously agreeing to the hearing date.
Besigye and Lutale, who are facing charges of treason, had filed the petitition in accordance with Article 23(6) of the Constitution, the Trial on Indictment Act and the Constitution (Bail Guidelines for Courts of Judicature) Practice Directions, seeking orders for the two applicants to be released on bail after spending about 20 months on remand.
The bail application was jointly filed by 13 law firms representing the two accused persons, including Lukwago & Co. Advocates, AF Mpanga Advocates, Kizza Mugisha & Co. Advocates, Alaka & Co. Advocates, Nalukoola Advocates and several others.
Court records indicate that on June 30, 2026, both the defence and the prosecution appeared before court and agreed that the application would be heard on July 3, 2026.
Defence lawyer Moses Tugume informed the court that he was ready to receive the hearing date, while Chief State Attorney Richard Birivumbuka also confirmed the prosecution’s readiness.
However, when the matter came up for hearing on July 3, the Judge noted that none of the applicants’lawyers appeared before court.
Instead, Dr. Besigye informed the court that there was a crisis within their legal team, making it impossible for them to fairly prosecute the bail application.
He maintained that they could not proceed in the absence of their lead counsel, Kenyan National Martha Karua, who was deported from Uganda last month, and Erias Lukwago, who was jailed on charges of failing to report to the authorities that his clients Besigye and Lutale were planning to overthrow the government of Uganda.
. Hajji Lutale associated himself with the same position, insisting that the application should not proceed until their preferred lawyers were present.
The prosecution, however, opposed the request for an adjournment.
Chief State Attorney Richard Birivumbuka argued that the application had been filed by 13 law firms comprising dozens of advocates, not by individual lawyers. He argued that the absence of Senior Counsel Martha Karua and Erias Lukwago could not justify halting proceedings, especially when other lawyers who had filed the application remained available to represent the applicants.
Birivumbuka further reminded the court that defence lawyers had earlier accepted the hearing date without indicating any intention not to proceed. He therefore asked the court to exercise its inherent powers under Section 37 of the Judicature Act and dismiss the application for failure to prosecute it.
In his ruling this evening delivered via the online system of the Judiciary, Justice Baguma has agreed with the prosecution, finding that there was clear evidence that the bail application had been jointly filed by 13 law firms rather than individual advocates.
The judge observed that Besigye and Lutale could not insist on only one or two lawyers appearing when they had instructed a large legal team comprising about 50 advocates.
Baguma held that accepting such an argument would unnecessarily frustrate court proceedings and undermine the administration of justice.
“It was unfortunate and, to be precise, it was an abuse of court process for the lawyers and the applicants to turn around and say that they were not ready to prosecute the application,” Justice Baguma ruled.
The judge added that benches have a duty to prevent abuse of judicial processes and avoid unnecessary delays disguised as fair trial concerns.
He further stated that the court had even allowed Besigye and Lutale to prosecute their bail application personally and present sureties for consideration, but they declined to do so.
“It is my considered view that the argument of the applicants that they cannot proceed with this application in the absence of their two counsel, who have individual challenges out of about 50 lawyers from 13 law firms which filed this application, would amount to dishonesty which this court cannot condone,” the judge said.
The judge ruled that Besigye and Lutale had failed to prosecute their own application and dismissed it for want of prosecution. Baguma directed that hard copies of the ruling be provided to Besigye and Lutale, who are in prison. Dr. Besigye and Hajji Lutale will remain on remand as the main criminal trial continues before the High Court.
Dr Kizza Besigye is jointly charged with Obeid Lutale and UPDF’s Captain Denis Oola on treason charges for allegedly plotting to overthrow the government.
Prosecutors allege that the trio held meetings in Geneva, Athens, Nairobi, and Kampala to solicit funds, acquire weapons, and organise paramilitary operations.
Besigye allegedly met a Kurdish intelligence agent identified as Andrew Wilson (AW) and received $5,000 to facilitate the transport of 36 Ugandan recruits to Kisumu, Kenya, for military training. The recruits were reportedly intercepted and deported before the training began.
The prosecution further alleges that Besigye sought surface-to-air missiles, ricin poison, counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni.
The state claims it has audio and video recordings, social media messages, immigration documents, and phone logs linking the accused to the alleged plot.
Captain Denis Oola had also applied for bail but in a separate application. However, last week his lawyer, Major Simon Busagwa Nsubuga, didn’t show up for the hearing of his application. Instead, he wrote a letter to the Court seeking a shorter adjournment, saying that his client Oola had reportedly faced logistical challenges in transporting his sureties from Gulu to Kampala. The Judge had promised to decide on the same matter Wednesday.
About Post Author
