The Nakawa Chief Magistrates Court has declined to release Rt. Col. Dr. Kizza Besigye and his aide Hajji Obeid Lutale on bail, despite the duo clocking over 180 days on remand without trial.
On Wednesday, Chief Magistrate Christine Nantege ruled that under the 2022 bail guidelines, she lacks the authority to grant mandatory bail in capital offences, stating that such powers now reside solely with the High Court.
Besigye’s legal team requested that the case file be transferred to the High Court to enable the hearing of a mandatory bail application.
However, Magistrate Nantege declined, stating that she had not ruled on whether the accused had indeed reached the mandatory 180-day threshold on remand.
The defense, led by renowned lawyer Martha Karua, is also seeking to halt proceedings and petition the High Court for a review of Nantege’s decision challenging the legality, propriety, and correctness of the bail denial.
Meanwhile, the prosecution team, led by Richard Birivumbuka, appeared prepared to amend the charge sheet to clearly outline the particulars of the offence and proceed with committal to the High Court for trial.
Karua argued that the court has no legal grounds to proceed further without granting Besigye and Lutale bail, as mandated by the Constitution.
She pointed out that since their arraignment before the General Court Martial on November 20, 2024, 196 days had passed without committal for trial.
The defense also cited a January 2025 Supreme Court ruling barring the trial of civilians in military courts, which directed the transfer of all such cases to civil courts.
They maintained that the state’s claim of only becoming involved in February 2025 cannot override constitutional bail provisions.
Besigye is jointly charged with his aide, Hajji Obeid Lutale, and UPDF officer Captain Denis Oola on charges of treason and misprision of treason.
By Alex Magala
29th May 2025
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