By Lawyers for detained opposition leader Dr. Kizza Besigye and his co-accused Hajj Obeid Lutale have criticised Nakawa Chief Magistrate Christine Nantege for what they termed as an abdication of judicial responsibility, after she declined to hear their application for mandatory bail and instead referred the matter to the High Court.
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Prominent defense lawyers Mathar Karua, alongside David Mpanga, Lord Mayor Erias Lukwago and Eron Kiiza, decried the ruling as a failure to uphold constitutional guarantees, especially under Article 23(6)(c), which entitles suspects held for more than 180 days without committal for trial to be granted bail.
“This court has ducked its constitutional responsibility,” Mpanga said after the ruling. “Our clients have spent 196 days in detention without trial. The law does not allow for such impunity. Magistrate Nantege should have either heard the matter or referred it to the High Court under Guideline 11.03 of the Judiciary Bail Guidelines.”
The application, filed on behalf of Besigye and Lutale, was based on claims that the accused have been held for over six months since their initial detention in November 2024 first under military custody and later before the civilian courts. The defence argued that their liberty has been infringed upon through prolonged incarceration without committal.
Magistrate Nantege, however, ruled that Nakawa court does not have the jurisdiction to interpret constitutional provisions or account for the time the accused spent under military detention. She advised the defence to take the matter to the High Court instead.
The case has drawn increasing public attention due to its high-profile nature and perceived implications for judicial independence and the rights of political prisoners.
Eron Kiiza dismissed the state’s position that the remand period should be calculated only from February 21, 2025 the date Besigye and Lutale were charged afresh in the civilian court, following a Supreme Court directive to transfer their case from the General Court Martial.
“Liberty cannot be reset by merely changing the courtroom or renaming the charges,” Kiiza argued. “Justice delayed is justice denied. The Constitution protects against prolonged detention in any form.”
The defence insisted that the total period of custody regardless of whether it was under the military or civilian system should be considered in enforcing the constitutional right to bail.
Lukwago also stressed that judicial officers must not allow procedural technicalities to override constitutional safeguards. “You can amend charges, but you cannot postpone liberty,” he stated.
The state, represented by Principal State Attorney Richard Birivumbuka had earlier, objected to the bail application, arguing that the accused had only spent three months and eight days in custody under the current charges in Nakawa court, and therefore were not eligible for mandatory bail.
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“The previous time spent in the military court is immaterial to this application,” Birivumbuka submitted. He further accused the defence of filing the application in bad faith, claiming they were attempting to frustrate the state’s readiness to commit the accused to the High Court.
The magistrate had briefly adjourned the hearing for ten minutes following a dispute over the filing of an affidavit, which Birivumbuka said was withheld. Martha Karua, also on the defence team, denied the allegation and accused the state of stalling.
With Besigye and Lutale now returned to Luzira Prison, their legal team has announced plans to seek a revision of the Nakawa decision in the High Court to compel respect for their clients’ constitutional rights.
