By The Ugandan State has formally opposed the bail application of veteran opposition politician Dr. Kizza Besigye, urging the High Court in Kampala not to grant him temporary freedom.
In an affidavit submitted before the court, Detective Tworekirwe Batura Wilbern argued that Dr. Besigye’s legal history is marred by multiple arrests and criminal charges, which he claims demonstrate a pattern of disregard for the law.
“…In response to paragraphs 14 and 15 of the 1st applicant (Dr. Besigye) in support, he is not a law-abiding citizen. He is constantly in conflict with the law,” the detective stated in his affidavit.
He further alleged that Dr. Besigye has a record of violating the law and order, citing numerous past arrests and prosecutions. The State contends that he allegedly committed treason while out on bail in a separate incitement to violence case alongside fellow opposition politician Samuel Mukaku Lubega at Buganda Road Chief Magistrates Court.
The prosecution further argued that Dr. Besigye poses a flight risk, given the serious nature of the treason charges against him. Detective Tworekirwe warned that, if convicted, the veteran politician could face the death penalty, making it more likely that he would flee the country if released on bail.
“…The charges against the applicant are serious, of public interest, impact on Uganda’s national security, and attract a possible maximum sentence of death upon conviction. The offences are cross-border in nature, making the 1st applicant (Dr. Besigye) a flight risk if released on bail,” the detective stated.
The State also dismissed Dr. Besigye’s claim of strict adherence to bail conditions in previous cases, pointing out that in a 2016 treason case before Nakawa Chief Magistrates Court, the former presidential candidate allegedly failed to appear in court as required.
“…It is not true that he abided by all bail conditions set in Nakawa Criminal Case No. NAK-00-CR-A-0014-2016. None of his sureties attended court after June 30, 2017, until the case was eventually withdrawn,” Detective Tworekirwe further asserted.
Last month, Dr. Besigye and his political aide, Obeid Lutale, who have been remanded at Luzira Prison since mid-November 2023, filed their bail applications, presenting nine key arguments to justify their release.
Among the grounds raised, Dr. Besigye emphasized that:
- He is of advanced age (60 years old).
- He has not yet been formally committed to the High Court for trial.
- He is a law-abiding citizen and will not commit any offence if released.
- He has fully complied with previous bail conditions.
- He has substantial sureties who will ensure his court attendance.
- He enjoys constitutional presumption of innocence, which allows him to apply for bail.
The case is currently before High Court Judge Comfort Rosette Kania, who is expected to deliver a ruling on April 11, 2024, determining whether Dr. Besigye and his co-accused will be granted bail.
Background
Dr. Besigye, a four-time presidential candidate and leading opposition figure, has a history of run-ins with the Ugandan authorities. His latest detention prompted significant public and political pressure for his unconditional release. In a surprise move on February 21, the State abruptly arraigned him before Nakawa Chief Magistrates Court, shifting his trial to a civilian court amid growing calls for his freedom.
