Justice Emmanuel Baguma, delivering the ruling on Wednesday, said the court could not exercise its discretion to grant bail since the Director of Public Prosecutions (DPP) has not initiated proceedings against the applicant in a civilian court.
Agaba was arrested on June 4, 2024, and charged before the General Court Martial with unlawful possession of defence stores under section 160 of the UPDF Act. He denied the charges and has since been on remand at Luzira Prison.
Through his lawyers, Agaba argued that his continued detention was unconstitutional, noting that the Supreme Court had previously barred the trial of civilians in the General Court Martial and directed that such cases be transferred to civil courts.
He also presented a fixed place of residence in Mutungo, Kampala, and substantial sureties to guarantee his appearance if released on bail.
However, the prosecution, represented by Senior State Attorney Timothy Amerit, opposed the application, arguing that the offence was serious and that the applicant had not demonstrated exceptional circumstances warranting release.
Amerit further insisted that if bail were to be granted, stringent conditions should be imposed.
Justice Baguma emphasized that while the High Court has jurisdiction to hear bail applications, it can only do so when a matter has been properly filed before it by the DPP or a private prosecutor.
He noted that since Agaba has not yet been charged in a civilian court, the application for bail was “a wrong relief disguised in bail.”
“In conclusion, given the fact that the applicant is not charged in civilian court, this court cannot exercise its inherent powers to order for his release on bail as there is no case pending in any of the civilian courts,” Justice Baguma ruled.
The application was dismissed, leaving Bobi Young in detention until the DPP initiates criminal proceedings in a civilian court.