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Citizen Posts
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Makindye Chief Magistrate Basemera Sarah Anne has unequivocally denied the former Lord Mayor of Kampala Erias Lukwago bail after state objected to his bail application on several grounds despite the applicant pointing out very important reasons especially need for urgent medical attention.
Lukwago’s Lawyer Medard Lubega Ssegona in an interview with media revealed that the former Lord Mayor intimated to him that when he was delivered in Muhoozi’s basement, his hair was cut off, subjected to military exercises, forced to eat posho and beans. As if that was not enough, his tormentors undressed him and took photos of his nakedness before forcing him to wear an NRM t.shirt.
In her ruling delivered via the Electronic Court Case Management System [ECCMIS], Magistrate Basemera poured water on all hopes for Lukwago who was first abducted from his home in Wakaliga, driven direct to a basement, underwent days of torture and later dumped at Kira Division. Lukwago who in yesterday’s court session appeared visibly sick will now have to be treated at Mulago hospital.
When Lukwago appeared for his bail hearing and ruling yesterday, the court was filled to capacity under very tight security as early as 9am, she postponed the ruling to 2pm and later told the lawyers that she will deliver the ruling today via the online system.
According to the 19-page ruling, Prosecution challenged the suitability of all the three sureties whom Lukwago had paraded to stand surety for him in this bail application. Prosecution says the first surety, Betty Aol Ochan who is 68 years old is in advanced age and maybe unable to withstand prison conditions should Lukwago abscond. Prosecution also says that the second surety Dr. Mike Lulume Bayiga is Lukwago’s agemate and a political subordinate and would be incapable to compel Lukwago who is his party president to attend court.
Prosecution also strikes down the third surety Hon. Betty Nambooze Bakireke on grounds that she did not attach her LC1 letter. The other ground is that all the proposed sureties stay far away from Lukwago’s area of residence in Wakaliga. Betty Aol Ochan stays in Gulu City, Lulume Bayiga and Nambooze both stay in Mukono and therefore lack the proximity to necessarily supervise Lukwago.
The prosecution further objected to Lukwago’s bail application on grounds that the charge he’s facing Misprision of Treason contrary to section 25 of the Penal code and is a grave offence and therefore granting him bail is a very wrong move.
The Magistrate however ordered that the Prison authorities arrange to take Lukwago to Mulago Hospital with in 24 hours for a comprehensive medical assessment in presence of his wife and his Lawyer.
The rejection of this bail application however, is not a new precedence, majority of the opposition politicians of NUP who are behind bars for the last 7 years have all been denied bail on several occasion, they’ve been denied even the mandatory bail as government continues to punish those in opposition. Dr. Kiiza Besigye and Obed Lutale will soon make two years in prison and all their bail applications have been rejected.
It starts from bail being rejected and later endless postponement of the case until those involved lose hope. This is the exact format how deceased Kawempe North MP Muhammad Ssegirinya died. Despite presenting all sureties, medical assessments that he needed to get treatment, Prosecutor Richard Birivumbuka and Justice Lawrence Tweyanze continued keeping him in prison, they let him off the hook when it was too late yet courts should be temples of justice but the opposite seems to be entrenching in Uganda’s justice system.
The rejection of Lukwago’s bail application and the deportation of Kenyan Lawyer Martha Karua Wangari who were leading Besigye’s legal team now shed a cloud of uncertainty on the plight of Besigye, Lutale and all other prisoners who were being represented by Erias Lukwago in court.
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