High Court Denies Bail to Erias Lukwago in Misprision of Treason Case

The High Court has denied bail to former Kampala Lord Mayor and People’s Front for Freedom (PFF) leader Erias Lukwago, ruling that he will remain on remand as he awaits trial on a charge of misprision of treason.

In a ruling delivered on Thursday, July 30, Justice David Matovu said Lukwago had met most of the legal requirements for bail, including presenting substantial sureties. However, the judge declined to release him after finding that he had failed to prove his medical condition could not be adequately managed within Uganda’s prison health system.

Justice Matovu rejected the prosecution’s argument that Lukwago was likely to interfere with witnesses, describing the claim as speculative.

“The State contends that the Applicant is likely to interfere with witnesses as indeed one of his associates is already doing so, but this court accepts the submissions of counsel for the Applicant that this is rather speculative,” the judge ruled.

The court noted that investigations into the case appeared to have been completed and that the prosecution had already presented its first witness in the treason trial involving Dr. Kizza Besigye and his co-accused.

Justice Matovu also dismissed the State’s claim that Lukwago was a flight risk because of the seriousness of the charge. Prosecutors had argued that the offence carries a possible life sentence, giving him an incentive to abscond.

However, the judge found the argument speculative, saying Lukwago’s character and record of public service suggested he was unlikely to flee the country.

The court further rejected the prosecution’s objection to Lukwago’s proposed sureties, ruling that they were substantial enough to guarantee his attendance throughout the trial.

Despite those findings, the judge held that Lukwago had failed to satisfy the medical grounds cited in his bail application.

Although the defence submitted medical reports, including recommendations from specialists for treatment abroad, Justice Matovu said there was no report certified by the medical officer at Luzira Prison confirming that prison medical services were unable to manage his condition.

“Court finds that the Applicant meets most of the requirements to be admitted on bail save for the lack of medical documents certified by the medical officer at the prison where the Applicant is held confirming that the prison medical services are not capable of treating the Applicant,” the ruling states.

The judge also observed that the bail application had been filed in relation to the Makindye Chief Magistrate’s Court case, which no longer exists following Lukwago’s committal to the High Court.

He noted that the newly committed case file had not yet been allocated to a trial judge, who should be given the opportunity to manage the matter.

“In the final result… this court will exercise its discretion by not granting bail in order to give whichever judge that will be allocated this matter to effectively manage the case,” Justice Matovu ruled.

Lukwago was charged on June 17 before the Makindye Chief Magistrate’s Court with allegedly failing to report a plot to overthrow the government between 2021 and November 2024. He was later committed to the High Court for trial, where he remains on remand.