DPP opposes Lukwago’s bail application, cites flight risk

The Director of Public Prosecutions (DPP) has asked the High court to deny bail to People’s Front for Freedom (PFF) president Erias Lukwago, arguing that he is both a flight risk and capable of interfering with prosecution witnesses because of his political influence.

In an affidavit filed before the Criminal Division of the High court, chief state attorney Joseph Kyomuhendo contends that Lukwago has failed to demonstrate exceptional circumstances warranting his release pending trial on a charge of misprision of treason.

Lukwago, 56, 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 DPP Thomas Jatiko, Lukwago is accused of failing to report information relating to an alleged plot to overthrow the government between 2021 and November 2024.

The prosecution alleges that, as president of the PFF, Lukwago knew that opposition figures, including Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda, allegedly intended to commit treason but failed to inform the authorities or take reasonable steps to prevent the alleged offences.

In his bail application, Lukwago relies on the constitutional presumption of innocence, arguing that his continued detention poses a serious risk to his health because prison facilities cannot adequately manage his specialised medical condition.

Justice David Matovu is expected to rule on the application on July 30.

In opposing the application, the state disputes Lukwago’s claim that his health cannot be adequately managed in prison, maintaining that the Uganda Prisons Service has qualified medical personnel capable of providing the treatment he requires.

The prosecution also dismissed allegations that Lukwago was assaulted while in detention, subjected to forced physical drills or held under conditions that aggravated his health.

According to the DPP, Lukwago’s position as a senior advocate, former Kampala Lord Mayor and president of the People’s Front for Freedom gives him considerable influence that could be used to interfere with prosecution witnesses if released on bail.

The State further argues that the sureties presented by Lukwago do not provide sufficient assurance that he will return to court to stand trial. His proposed sureties include his law partner Chrysostom Katumba, his elder brother Abdul Sewankambo, Mukono Municipality MP Betty Nambooze Bakireke and former Rubaga North MP Moses Kasibante.

The prosecution also points to the gravity of the charge, noting that misprision of treason carries a maximum sentence of life imprisonment, which it argues increases the likelihood that Lukwago could abscond if granted bail.

“The charges relate to alleged activities that undermine the affairs and security of Uganda,” the affidavit states, adding that releasing the accused could prejudice the prosecution if witnesses are influenced or if the accused fails to appear for trial.

The matter came before Justice Matovu on Friday. Rather than hearing oral submissions, the judge directed both parties to file written submissions before he delivers his ruling.

Under the agreed timelines, the defence will file its submissions first, followed by the prosecution’s response and a rejoinder from the defence before the court delivers its decision on July 30 through the Electronic Court Case Management Information System (ECCMIS).

Speaking after the court session, Lukwago’s lawyer Medard Lubega Sseggona the defence remains concerned about Lukwago’s health, arguing that his condition continues to deteriorate while on remand.

He said the defence had asked the court to refer Lukwago to Mulago National Referral Hospital, but Justice Matovu instead directed prison authorities to take the necessary medical action after consulting the Uganda Prisons Service medical team.

While acknowledging the efforts of the Uganda Prisons Service to provide treatment, Sseggona argued that the prison health system remains overstretched and lacks adequate equipment and specialised personnel.

He said Murchison Bay Prison Hospital is congested and that the entire prison system is served by only one physiotherapist, making it difficult for inmates requiring specialised rehabilitation to receive timely treatment.

According to Sseggona, the physiotherapy currently being provided only manages Lukwago’s symptoms and pain, while his underlying medical condition requires more comprehensive specialised treatment.

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