The Director of Public Prosecutions (DPP) has asked the High Court Criminal Division to reject a bail application filed by People’s Front for Freedom (PFF) president Erias Lukwago, arguing that his release could compromise the ongoing criminal proceedings.
In an affidavit before the High Court, Chief State Attorney Joseph Kyomuhendo contends that Lukwago has failed to demonstrate exceptional circumstances that would justify his release while awaiting trial on a charge of misprision of treason.
The prosecution maintains that the Uganda Prisons Service is capable of managing Lukwago’s medical condition and disputes claims that his health has deteriorated because of inadequate treatment while in custody.
The State also rejects allegations that he was assaulted, subjected to forced physical exercises or detained under conditions that worsened his health.
According to the DPP, Lukwago’s standing as a senior lawyer, former Kampala Lord Mayor and president of the People’s Front for Freedom gives him considerable influence, raising concerns that he could interfere with prosecution witnesses if granted bail.
The State further argues that the sureties presented by the defence are insufficient to guarantee his attendance throughout the trial.
Lukwago’s proposed sureties include his law partner Chrysostom Katumba, his elder brother Abdul Sewankambo, Mukono Municipality Member of Parliament Betty Nambooze Bakireke and former Rubaga North MP Moses Kasibante.
Prosecutors also point to the seriousness of the offence, noting that misprision of treason carries a maximum sentence of life imprisonment. They argue that the severity of the potential punishment increases the likelihood that the accused could abscond if released.
In the affidavit, the State says the charges relate to allegations involving activities considered prejudicial to Uganda’s security and governance, and warns that releasing Lukwago before trial could undermine the prosecution if witnesses are influenced or if he fails to appear before court.
The matter came before Justice David Matovu on Friday. Instead of hearing oral submissions, the judge directed both parties to file written arguments before a ruling is made.
Under the court’s schedule, the defence will file its written submissions first, followed by the prosecution’s response and a final rejoinder. Justice Matovu is expected to deliver his ruling through the Electronic Court Case Management Information System (ECCMIS) on July 30.
Speaking after the proceedings, Lukwago’s lawyer, Medard Lubega Sseggona, said the session largely focused on introducing the proposed sureties and agreeing on timelines for filing written submissions.
Sseggona said the defence remains concerned about Lukwago’s health, insisting that his condition continues to deteriorate while he remains on remand.
He revealed that the defence had requested the court to refer Lukwago to Mulago National Referral Hospital for specialised treatment. However, Justice Matovu directed prison authorities to manage the matter in consultation with the Uganda Prisons Service medical team.
While acknowledging the efforts of prison health officials, Sseggona argued that the prison medical system is overstretched and lacks sufficient equipment and specialised personnel to adequately treat inmates with complex medical conditions.
He noted that Murchison Bay Prison Hospital is overcrowded and that the entire prison system has only one physiotherapist, making it difficult for inmates requiring specialised rehabilitation to access timely care.
According to the defence, the physiotherapy currently available only helps to manage Lukwago’s pain and symptoms, while his underlying medical condition requires more comprehensive specialised treatment.
Lukwago, 56, is seeking bail on grounds that he has a permanent residence in Wakaliga, Rubaga Division, has practised law for nearly 30 years and fully understands his obligation to attend court whenever required.
He also relies on the constitutional presumption of innocence, arguing that continued detention poses a significant threat to his health because prison facilities are unable to adequately meet his specialised medical needs.
The PFF president was committed to the High Court last week after the Makindye Chief Magistrate’s Court ruled that police investigations had been completed.
According to an indictment signed by Assistant Director of Public Prosecutions Thomas Jatiko, Lukwago is accused of failing to report information relating to an alleged plot to overthrow the Government of Uganda between 2021 and November 2024.
The prosecution alleges that, in his capacity as president of the People’s Front for Freedom, he was aware of an alleged plan involving opposition figures, including Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda, to commit treason but failed to report the information to authorities or take reasonable steps to prevent the alleged offence.
The charge of misprision of treason is brought under Section 25 of the Penal Code Act, which criminalises the failure to promptly report knowledge of an intended act of treason to the relevant authorities.
Lukwago denies the charge and maintains that he is entitled to bail pending trial. Justice Matovu is expected to rule on the application on July 30.
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