Nakawa Magistrate Takes Brief Recess to Consider Besigye’s Mandatory Bail Application

Nakawa Magistrate Takes Brief Recess to Consider Besigye’s Mandatory Bail Application

Nakawa Chief Magistrates Court has taken a ten-minute recess to deliberate on a pivotal bail application filed by veteran opposition leader Dr. Kizza Besigye and his co-accused Hajj Obeid Lutale. The two have now spent over six months on remand without being formally committed to the High Court for trial on treason-related charges.

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The brief adjournment comes amid heavy security presence at the court premises on Thursday morning, signaling the high-profile nature of the case. Uniformed officers, Counter-Terrorism Unit personnel, at least three patrol vehicles, and a prison van were deployed outside the court, underscoring the tension surrounding the proceedings.

Besigye, a former presidential candidate and prominent critic of the current regime, is seeking release under Article 23(6)(c) of Uganda’s Constitution and Section 76 of the Magistrates Court Act. These provisions entitle a suspect on remand for more than six months without committal to automatic bail.

During a previous session, Besigye declined to proceed with the hearing in the absence of his lead counsel, Kenyan lawyer Martha Karua. His local legal team Lord Mayor Erias Lukwago and lawyer Eron Kiiza said they only had instructions to argue for bail, not to engage in the full case.

Addressing the court today, Kiiza reiterated that the continued detention of Besigye and Lutale is in clear violation of constitutional safeguards.

“The law in Uganda commands the magistrates to release Dr. Kizza Besigye and Obeid Lutale,” said Kiiza. “They are appearing in court after six months without committal to the High Court. The Constitution says Court must release such a person.”

He criticized what he termed political interference in the judiciary, saying some judicial officers are “turning deaf ears to the law” under pressure from “orders from above.”

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The State has previously countered that the case involves complex investigations which require more time before committal. However, the defense argues this cannot justify indefinite pre-trial detention.

The bail ruling, expected shortly after the break, is being closely watched by human rights advocates and political observers. The case has become a flashpoint in debates over judicial independence and constitutional rights in Uganda.

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