The state has asked the High Court in Kampala not to grant bail to veteran politician, Dr. Kizza Besigye because he is a flight risk.
Besigye alongside his co-accused, Hajji Obeid Lutale, who are facing treason charges before the Chief Magistrates Court in Nakawa last month asked court to release them on bail.
In reply to their bail application, the state says it fears Besigye might flee the country since he is facing capital offences.
“The charges against the applicant(Besigye) are serious,of public interest, impact on the national security of Uganda and attract a possible maximum sentence of death upon conviction. The offences are cross border and therefore the applicant is a flight risk if released on bail,” Detective Inspector of Police, Wilbern Batura Tworekirwe, one of the detectives handling the investigations in the case said in his affidavit.
In his bail application, the veteran politician said he is a law-abiding citizen who has never committed any offence or been convicted in respect of any of the numerous charges that have been brought against him.
Besigye however said he is being persecuted by the state.
In its reply to the bail application, the state says claims of Besigye’s persecution are not true since the charges against him stem from his participation in “unlawful activities” and being accused of committing a criminal offence.
“The applicant is not a law-abiding citizen. He is confrontational, and constantly in conflict with the law. Over the years, he has demonstrated repeated disregard for law and order and his record is tainted with numerous arrests and criminal charges.”
The detective mentions the incitement to violence case whose trial is currently ongoing at Buganda Road Chief Magistrates Court in Kampala where Besigye is accused alongside, Walter Lubega Mukaku.
The state says in one of the cases at Nakawa Chief Magistrates Court, Besigye vowed before the public and the media never to return to the court in 2017.
According to the state, this shows his lack of respect for courts of law.
In the same manner, the state has asked court not to released Besigye’s co-accused, Hajji Obeid Lutale on bail since he doesn’t fulfill the requirements.
“It is in the interest of justice that this application is dismissed,” the state says.
The charges
Besigye and his co-accused are alleged to have committed treason, contrary to Section 23(1)(c) of the Penal Code Act, Cap 128.
Prosecution states that Dr Col (rtd) Besigye, his aide, Hajji Obeid Lutale, 65; Captain Oola, 48 a UPDF soldier and others still at large between the year 2023 and November 2024 at various places/countries, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, contrived a plot, act or matter by force of arms to overturn the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.
Prosecutions also alleges that the trio together with others still at large travelled to various countries including Switzerland, Greece, Kenya to attend meetings to further the plot to overturn the government of Uganda as by law established.