Nakawa Chief Magistrate’s Court has declined to rule on a mandatory bail application filed by Dr. Kizza Besigye and his co-accused, citing lack of jurisdiction and referring the matter to the High Court for resolution.
The two suspects, who have been in state custody since November 2024, had applied for release on the grounds that their detention had surpassed the 180-day constitutional limit without being committed to the High Court for trial.
Their current charges, which are related to an earlier case initiated in the General Court Martial under file number UPDF GCM/040/2024, were transferred to the civilian courts following a Supreme Court directive. Fresh charges were then filed before Nakawa Chief Magistrates Court on 21 February 2025.
During Thursday’s hearing, State Attorney Richard Birivumbuka argued that the 180-day countdown should begin from the date of the new charges filed in the civilian court, not from the initial military court remand.
“They have only spent three months and eight days in custody under the jurisdiction of this court,” Birivumbuka said, adding that the earlier military detention should not influence the bail decision.
However, the defence teamcomprising prominent lawyers including Eron Kiiza, Lord Mayor Erias Lukwago, and David Mpangachallenged that interpretation, calling it a deliberate bypass of constitutional rights.
“Changing courtrooms does not reset someone’s right to liberty,” argued Kiiza. “The Constitution protects against unlawful and prolonged detention—regardless of where it occurs.”
Lukwago emphasized that the suspects had not been committed for trial within the legally prescribed period.
“The law is clear. Amending charges is permissible, but using that to delay someone’s freedom violates fundamental rights,” he said.
Despite strong submissions from the defence, Chief Magistrate Nantege ruled that her court could not entertain the bail application as it required constitutional interpretation beyond her powers. She advised the applicants to escalate the matter to the High Court.
That decision sparked sharp reactions. David Mpanga contended that under Judiciary Bail Guideline 11.03, the magistrate should have either heard the matter or formally referred it to the High Court.
“This ruling sidesteps responsibility. The court cannot ignore a constitutional question simply by declaring it outside its jurisdiction,” Mpanga protested.
Counsel Karua, also representing the accused, questioned the state’s logic, asking, “When does pre-trial detention officially begin?” She warned that treating military and civilian custody as separate erodes legal safeguards.
Earlier in the session, Birivumbuka accused the defence of concealing affidavits, prompting a request for an adjournment. Magistrate Nantege, however, granted only a short recess after Karua clarified that the affidavit merely bore a date and had not been hidden.
When the session resumed, Birivumbuka alleged that the bail application was filed in bad faith to disrupt the trial process.
“The timing of this application is strategic,” he said. “Now that the state is ready to commit them, they are raising bail to stall proceedings.”
Lukwago rejected that argument.
“Readiness to commit cannot override constitutional rights,” he said. “Justice doesn’t bend around the state’s convenience.”
Besigye, a four-time presidential contender, and his co-accused Lutale, remain on remand at Luzira Prison, awaiting further directions from the High Court.
Their lawyers have confirmed they will seek a revision of the magistrate’s decision, arguing that their clients’ right to liberty has been violated.