KAMPALA- The Directorate of Public Prosecution (DPP) has written to court opposing the bail application for Dr Kizza Besigye and Obeid Lutaale Kamulegeya arguing that their sureties are not substantial enough to guarantee the accused 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 on bail or not, pending trial on treason and misprision of treason charges against them.
According to the submissions written by Chief State Attorney Richard Birivumbuka on behalf of the Director of Public Prosecutions, 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 to seek for bail, Dr Kizza Besigye presented his long-time friends and Members of Parliament who include the Kira Municipality Hon Ibrahim Ssemujju Nganda, Bukonzo, East County Hon Muhindo Tonny, Buhweju County Hon Francis Mwijukye and the Kabaale Municipality Member of Parliament Hon Nicholas Kamara,
Hajji Obeid Lutaale presented his wife Hajjati 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, Hon Ssemujju, has pending charges against him, which raises concerns about his suitability as a surety and also argued 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 and urged the court to dismiss the bail application, citing the need to balance the applicants’ rights with the interests of society at large.
Dr Kizza Besigye and Hajji Lutaale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded, as investigations into charges of treason and misprison of treason continue.
The prosecutors allege that the three, 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, Dr Kizza Besigye and Hajji Lutaale argue that they should be released from prison since the Supreme Court’s decision nullified the military court’s power to try them.
The two had been charged in Makindye Military Court before the Director of Public Prosecutions took over proceedings and levied fresh charges against them following their initial arrest from the neighbouring Nairobi, Kenya.
But Dr Kizza 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 and 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 April 11th 2024, the main case in Nakawa returns for mention on April 30th 2025.
