By The Director of Public Prosecutions (DPP) has objected to the bail application of opposition leader Dr. Kizza Besigye and his co-accused, Obeid Lutale, arguing that the two have not yet met the 180-day constitutional requirement for mandatory bail without trial.
Appearing before the High Court, Chief State Attorney Richard Birivumbuka, representing the DPP, told the court that the application filed by the accused is premature under Article 23(6)(c) of the Constitution of Uganda, which grants automatic bail to suspects who have been held on remand for more than 180 days without commencement of trial.
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Dr. Besigye and Mr. Lutale were arrested on November 20, 2024, and later charged with capital offenses, the details of which remain classified due to their national security implications. The two have since been on remand at Luzira Prison, with mounting public and political pressure calling for their release or a speedy trial.
“The offenses are capital in nature and carry severe penalties. The accused have only spent about eight and a half months in custody, which falls short of the 180-day benchmark required for such a bail request to be valid,” Birivumbuka told the court.
He further argued that releasing the duo at this point would undermine the integrity of ongoing investigations and court processes, setting a “dangerous precedent.”
Dr. Besigye, a four-time presidential candidate and founding president of the Forum for Democratic Change (FDC), was arrested in Nairobi on November 16, 2024, after attending a book launch, and was later flown back to Uganda. He and Lutale were formally charged before the General Court Martial on November 20 before their case was later transferred to the civilian court system.
The presiding judge has reserved a ruling on the bail application, promising to deliver a decision at a later date. Meanwhile, the accused remain on remand at Luzira Prison.
