DPP makes written submissions opposing Besigye’s bail application

KAMPALA UGANDA | THE INDEPENDENT | The prosecution has opposed the bail application for Dr. Kizza Besigye and Obeid Lutaale, arguing that the sureties are not substantial enough to guarantee their appearance in court.

The opposition to bail is contained in the submissions that have been submitted to Lady Justice Rosette Comfort Kania ahead of the ruling on April 11th 2025, to decide on whether to release them or not pending trial on treason and misprision of treason charges against them.

In the submissions drafted by Chief State Attorney Richard Birivumbuka on behalf of the DPP, the Prosecution has questioned the age and authority of the sureties, stating that they are younger than the applicants and lack the necessary influence to compel them to appear in court.

In his application, Besigye presented his long-time friends and legislators   Ibrahim Ssemujju Nganda,  the Kira Municipality MP, Muhindo Tonny  Bukonzo, East County MP, Francis Mwijukye MP, Buhweju County-and Nicholas Kamara, the Kabaale Municipality MP.

On the other hand, Hajji Obeid  Lutaale presented his wife Halima Nagitta, his brother Ssewankabo Hamza and his daughter Nanfuka Zura as his surities.

However, in their submissions, the prosecution also highlighted that the sureties failed to provide proof of financial capability, such as bank statements, to meet the terms of the bond.

Additionally, the prosecution pointed out that one of the sureties, MP Ssemujju, has pending charges against him, which raises concerns about his suitability as a surety. The prosecution also argues that the applicants’ influence and status could lead to interference with investigations and witnesses.

The prosecution emphasizes that the offenses with which the applicants are charged are serious and impact national security, making it likely that they will abscond from bail if granted. The prosecution urged the court to dismiss the bail application, citing the need to balance the applicants’ rights with the interests of society at large.

Besigye and Lutaale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded until March 28th 2025, as investigations into charges of treason and misprison of treason continue.

The prosecutors allege that the trio, while in various cities including   Geneva, Switzerland,  Athens in Greece and Nairobi in Kenya and Kampala in Uganda, solicited firearms, logistical and financial support and attended meetings to overthrow the current government of Uganda.

However, Besigye and Lutaale argue that they should be released from prison since the Supreme Court’s decision nullified the military court’s power to try them. They had been charged in Makindye Military Court before the DPP took over proceedings and levied fresh charges against them following their initial arrest from the neighbouring Nairobi, Kenya.

But Besigye says he has been a law-abiding citizen who has never been convicted of any crime despite several cases that have been levied against him ever since he announced his bid to challenge President Yoweri Kaguta Museveni’s leadership. He notes he has always reported to the Court as and when needed and has no intention of running away from the trial.

While the bail ruling is fixed for Friday, the main case in Nakawa returns for mention on April 30th 2025.

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