The Nakawa Magistrates Court has granted cash bail of Shs500,000 to John Mary Ssebuwufu, the Deputy Chairperson of the National Unity Platform Election Management Committee.
Ssebuwufu is facing charges of incitement to violence contrary to Section 79(1) of the Penal Code Act.
Sebuwufu, 50, identified on the charge sheet as the NUP Vice President for the Buganda Region and a resident of Nakawa, was on Tuesday arraigned before Grade One Magistrate Sanula Namboozo.
Prosecution alleges that between November and December 2025, at various locations in Kampala, Mukono, Masaka and Mpigi, Ssebuwufu incited members of the public to commit acts of violence, namely attacking supporters of the National Resistance Movement (NRM), on account of their political affiliation.
In a detailed ruling, the magistrate noted that the accused had applied for bail under Article 23(6)(a) and Article 28(3)(a) of the Constitution of Uganda 1995, which guarantee the right to apply for bail and the presumption of innocence until proven guilty.
The court heard submissions from defence lawyer John Paul Kakande, who told the court that the accused had been in detention since 14 January 2026, allegedly held incommunicado before being produced in court on 6 February 2026.
Counsel argued that the detention violated the accused’s constitutional rights under Article 23 and Article 44 of the Constitution, which prohibit torture and protect personal liberty.
He cited the Constitutional Court decision in Besigye v Attorney General Constitutional Petition No 7 of 2007, where the court warned that judges should not mechanically remand suspects where non-derogable rights have been violated.
The defence also told court that Ssebuwufu is a community leader serving as Lord Councillor for Nakawa I constituency, head of laity at St Andrew Kaggwa Catholic Parish, and a father of seven school-going children.
Four sureties were presented to court, including family members and community leaders who pledged to ensure the accused returns to court.
However, the state opposed the bail application, arguing that investigations were still ongoing and urging the court to remand the accused or impose strict bail conditions.
In the ruling, the magistrate explained that although the Constitution guarantees the right to apply for bail, courts retain discretion to grant or deny bail depending on the circumstances of each case.
The court relied on several precedents including Uganda v Kizza Besigye Constitutional Reference No 20 of 2005 and Foundation for Human Rights Initiative v Attorney General Constitutional Petition No 20 of 2006, which emphasize the principles guiding bail decisions.
After reviewing the application, the court considered three key factors: whether the accused has a fixed place of residence, whether he presented substantial sureties and whether he was likely to interfere with witnesses or evidence
The court found that Ssebuwufu had a fixed place of abode in Kasana Zone, Kyanja Parish, Nakawa Division in Kampala, which enables authorities to trace him if necessary.
The magistrate also ruled that the four sureties presented were reliable and substantial, noting that they provided letters from LC1 chairpersons and national identification documents which were verified in court.
On the prosecution’s claim that the accused might interfere with witnesses, the court said no evidence had been presented to support the allegation.
Citing the East African case Panj v Republic 1973 EA 282, the magistrate noted that allegations of witness interference must be supported by evidence.
However, the court observed that the accused failed to present his original National Identity Card, which made verification difficult.
Despite this, the court said it would give the accused the benefit of doubt since a photocopy of the ID had been presented.
“In the interest of justice the court shall give the benefit of doubt to the applicant and consider him identified in the interim,” the magistrate ruled.
The court therefore granted bail on strict conditions. That the accused must pay Shs500,000 cash bail, Each of the four sureties execute a bond of Shs5 million, Pay Shs10 million if he absconds from court, Submit a copy of his National ID for verification and Deposit his passport with court until the case is concluded.
The case will continue as investigations into the alleged offence proceed.