KAMPALA.
National Unity Platform (NUP) member Anthony Agaba popularly known as Bobi Young has applied to secure bail after spending nine months in incarceration without a trial date.
Through his lawyers from Pace Advocates, Agaba on Monday filed a notice of motion seeking release pending trial. He argued that the state has not preferred any charges against him before a civilian court despite his arrest in June 2024.
“I have never been informed of any charges against me nor have I ever been arraigned before any Court of Record for hearing,” Agaba stated in his affidavit sworn at Luzira Upper Prison, where he is currently on remand
Agaba was initially charged before the General Court Martial in Makindye with unlawful possession of defence stores contrary to section 160(1)(2)c of the UPDF Act. He was later remanded to Luzira Upper Prison.
However, in his application, he notes that the Supreme Court has since barred the General Court Martial from trying civilians and ordered such cases to be transferred to civilian courts.
“I later learnt from my lawyers that the General Court Martial was stopped by the Supreme Court from handling matters involving civilians and that our files should be transferred to the civilian courts,” he said, adding that there has been no communication on the status of his case.
Agaba lists several grounds for his release, including his fixed place of abode in Mutungo Zone 2, Nakawa Division, the availability of substantial sureties, and his undertaking not to interfere with investigations.
Among his proposed sureties are Kyotera County MP John Paul Mpalanyi Lukwago, Katikamu South MP Denis Sekabira, and businessman Ian Lwanga.
“I undertake not to interfere with any criminal investigations. I shall not abscond once granted bail,” Agaba affirmed.
He also argues that the absence of a set trial date poses a risk of substantial delay, making continued detention unfair.
“It is fair and just to release the applicant on bail pending trial,” his lawyers submit.
The bail application cites Article 23(6)(c)(a) of the Constitution, Sections 14 and 15 of the Trial on Indictments Act, and provisions of the Judicature (Bail Guidelines for Courts of Judicature) Practice Directions, 2022.
Agaba insists he is innocent and still protected by the constitutional presumption of innocence. “I am a male adult Ugandan of sound mind and I am not guilty of the charges,” he stated.
The state, represented by the Directorate of Public Prosecutions, is expected to respond to the application by August 15, while Agaba’s legal team will file their rejoinder by August 18. Justice Emmanuel Baguma has set August 22 as the date for delivering his ruling.
If granted bail, Agaba says he is ready to comply with any conditions the court may impose. “I undertake to abide by all conditions as shall be set by this Honourable Court,” he pledged.
Agaba’s detention and pending bail ruling come against the backdrop of ongoing public debate over the prolonged incarceration of civilians charged in military courts, an issue the Supreme Court has already addressed in its landmark decision to limit the court martial’s jurisdiction.