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Home Editorial

Chief Justice Warns Inmates Against Abusing Plea Bargain Process

Insight Post Uganda by Insight Post Uganda
June 24, 2025
in Editorial
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Chief Justice Alfonse Owiny-Dollo has cautioned inmates against enrolling in the plea bargain process solely to escape prolonged detention, warning that the mechanism should only be used by those who genuinely admit to committing crimes.

Speaking on Monday during the launch of a three-day plea bargain camp at Gulu Main Prisons, Justice Owiny-Dollo emphasized that the program is not a shortcut to freedom for innocent inmates but rather a legal option for those who acknowledge their guilt and seek reduced sentences.

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“You know you have not done it, but you have stayed on remand now three, four years—for goodness’ sake, stand firm because you know you have not done it,” he told the hundreds of inmates in attendance. “Don’t go for a plea bargain, don’t go for confession when you know you have not done it.”

He noted that plea bargaining, as a form of alternative dispute resolution, should foster healing and closure between victims and offenders. Justice Owiny-Dollo encouraged inmates with legitimate confessions to embrace the process but warned those who are innocent not to misuse it.

“There must be genuineness. If you know you did it, my advice is: use this process because it will bring true healing,” he added.

The ongoing plea bargain camp, which ends Wednesday, is supported by legal experts from Pepperdine University in the United States and the Ugandan Judiciary. By Monday, 280 inmates had enrolled in the session and were scheduled to receive free legal representation.

Justice Philip Odoki, Resident Judge of the Gulu High Court Circuit, revealed that the court currently has 2,027 pending criminal cases, of which only 531 are ready for trial. He noted that clearing the backlog would require at least 13 full trial sessions—resources that are currently stretched thin.

Justice Odoki echoed the Chief Justice’s warning, stressing that falsely pleading guilty is a criminal offence.

“It’s a criminal offence to lie to judicial officers that you committed the offence just to get out,” he said. “You will be punished here and, in addition, punished in heaven.”

Director of Public Prosecutions Jane Frances Abodo also weighed in, cautioning inmates against confusing plea bargaining with pardon or leniency.

“Please don’t mistake a plea bargain for forgiveness. Mercy, forgiveness, and punishment are not the same. You did something wrong, you’ll be forgiven, but you must face some punishment,” she said.

Justice Abodo further urged prosecutors to assess plea bargain cases with fairness, warning them not to exploit confessions as guaranteed convictions.

“If there’s no evidence, don’t force it—return the file to Kampala,” she advised.

During the camp’s launch, Justice Abodo announced that five inmates would be released after investigations found no evidence linking them to the crimes they were charged with. Those set for release include Patrick Komakech, Brian Opiyo, Ismail Onen Kadogo, Richard Okumu Obong, and Robert Olok. However, no exact date was provided for their release.

The plea bargain initiative was introduced by the Judiciary in 2015 to address prison congestion and reduce case backlog by providing negotiated alternatives to lengthy trials.

Despite the initiative, congestion at Gulu Main Prisons remains critical. The Officer-in-Charge, Ronald Mutebi, revealed that the facility, built to house only 244 inmates, is currently accommodating over 1,600.

“As I speak this morning, we’re at 1,600. That speaks clearly about the level of congestion we’re experiencing,” he said. “Justice delivery remains a challenge given the high number of remandees.”

As of June 23, Gulu Main Prison had 1,652 inmates, including 453 convicted of capital offences, 176 petty convicts, and more than 996 inmates still on remand. The facility also housed 37 lodgers, two debtors, and 12 babies.

Mutebi appealed to the Judiciary to roll out similar plea bargain camps across other prisons in the Acholi Sub-region to help address the overwhelming caseload and detention crisis.

In total, Northern Uganda’s 17 prison facilities currently host 6,509 inmates, including 4,101 convicted males, 1,120 convicted females, and more than 2,200 remandees.

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