The High Court Criminal Division has dismissed a joint bail application filed by opposition politician Kizza Besigye and co-accused Obeid Lutale, ruling that the applicants failed to prosecute their own case despite being given the opportunity to do so.
In a ruling delivered on Wednesday, Justice Emmanuel Baguma held that both the accused and their legal team had abused the court process by refusing to proceed with the hearing after previously agreeing to the scheduled date.
Besigye and Lutale, who have spent about 20 months on remand while facing treason charges, had petitioned the court for bail under Article 23(6) of the Constitution, the Trial on Indictment Act, and the Constitution (Bail Guidelines for Courts of Judicature) Practice Directions.
The application was lodged by 13 law firms representing the two accused, among them Lukwago & Co. Advocates, AF Mpanga Advocates, Kizza Mugisha & Co. Advocates, Alaka & Co. Advocates and Nalukoola Advocates.
Court records show that on June 30, both the defence and prosecution agreed that the bail application would be heard on July 3. Defence lawyer Moses Tugume and Chief State Attorney Richard Birivumbuka confirmed their readiness to proceed.
However, when the matter came up for hearing, none of the lawyers representing the applicants appeared before court.
Besigye informed the court that disagreements within the defence team had made it impossible to proceed. He argued that the hearing could not continue without senior counsel Martha Karua, who was deported from Uganda last month, and advocate Erias Lukwago, who is facing separate criminal proceedings.
Lutale supported the request, insisting that the bail application should be heard only when their preferred lawyers were available.
The prosecution opposed the request for an adjournment, arguing that the application had been filed by 13 law firms comprising dozens of advocates and not by individual lawyers.
Birivumbuka maintained that the absence of two lawyers could not justify delaying the proceedings when many other advocates remained available to represent the applicants.
He further argued that the defence had earlier accepted the hearing date without raising any concerns and asked the court to dismiss the application for failure to prosecute it.
In his ruling, Justice Baguma agreed with the prosecution, observing that the applicants had instructed a legal team of about 50 advocates from 13 law firms and could not insist that only two specific lawyers handle the matter.
The judge said allowing such an argument would frustrate court proceedings and undermine the administration of justice.
He described the conduct of both the applicants and their lawyers as an abuse of court process, noting that they had initially agreed to proceed before later declining to prosecute the application.
Justice Baguma also observed that the court had offered Besigye and Lutale an opportunity to argue the bail application personally and present their sureties for consideration, but they declined.
He concluded that their insistence on waiting for two lawyers, despite having a large legal team, was unjustified and could not be condoned by the court.
The judge therefore dismissed the application for want of prosecution and directed that copies of the ruling be served on the two accused, who remain on remand as they await trial.
Besigye and Lutale are jointly charged with Denis Oola, a captain in the Uganda People’s Defence Forces, over allegations of plotting to overthrow the government.
According to the prosecution, the accused allegedly held meetings in Geneva, Athens, Nairobi and Kampala to mobilise resources, recruit personnel and acquire weapons for the alleged plot.
The state further alleges that Besigye met a Kurdish intelligence operative identified as Andrew Wilson and received funds to facilitate the movement of Ugandan recruits to Kenya for military training. Prosecutors also claim the accused sought sophisticated weapons, toxic substances and counterfeit currency, while planning attacks using drone technology.
The prosecution says it intends to rely on audio and video recordings, electronic communications, immigration records and telephone data as evidence during the trial.
Meanwhile, Captain Oola’s separate bail application remains pending. The hearing was previously adjourned after his lawyer, Major Simon Busagwa Nsubuga, informed the court that logistical challenges had prevented his client’s sureties from travelling from Gulu to Kampala. A decision on that application is expected separately.
English 