Big blow to Lawyer Lukwago as court denies him bail

KAMPALA.The Chief Magistrates Court of Makindye has denied bail to former Kampala Lord Mayor and opposition politician, Erias Lukwago, extending his stay on remand at Luzira Maximum Prison.
The highly anticipated court decision, delivered electronically on June 23, 2026, by Chief Magistrate Sarah Anne Basemera, brings to an end days of anxiety that had gripped his family and supporters. Lukwago did not physically appear at the Makindye court for the electronic delivery of the decision, following a tense previous session where the court premises were heavily guarded by armed security personnel.

Lukwago, 56, faces charges of misprision of treason contrary to Section 25 of the Penal Code Act. State prosecutors allege that between 2021 and November 2024, across various locations including Kampala and Nairobi, Kenya, Lukwago held prior knowledge of treasonous plots involving high-profile opposition figures including Col. (Rtd.) Dr. Kizza Besigye Kifefe, Joel Wakayima, Frank Kihere Atukunda, and Hajj Obeid Lutale Kamulegeya, but deliberately failed to alert state authorities with “reasonable dispatch.”

Through a robust defense team led by lawyer Medard Lubega Sseggona, Mr Lukwago petitioned for bail. The defense argued that Lukwago is presumed innocent, has a permanent home in Bulwa Zone, Wakaliga, Kampala City, and suffers from complex medical issues including hypertension, cervical spine disease, and complications from an intricate neck surgery conducted at Fortis Memorial Hospital in India.

The state prosecution, represented by Senior State Attorneys Nyamwiza Judith and Opia Caroline alongside State Attorney Gabriel Obua, fiercely opposed the application. They cited national security threats, the severity of the offense—which carries a life imprisonment maximum sentence—and argued that Lukwago’s immense public influence as a Senior Advocate and President of the People’s Front for Freedom (PFF) could jeopardize ongoing investigations and compromise state witnesses.

In her detailed evaluation, Chief Magistrate Basemera systematically weighed the arguments. She first cleared the hurdles surrounding Lukwago’s residence and his three prominent sureties: Members of Parliament Betty Aol Ocan, Michael Phillip Lulume Bayiga, and Betty Bakireke Nambooze.

The prosecution had raised objections based on the geographic distance of the sureties’ homes in Gulu and Mukono, and argued that Dr Bayiga, being a political subordinate to Lukwago in the PFF, could not adequately police his boss. Basemera firmly dismissed these state objections.

“A surety’s obligation arises from the undertaking voluntarily assumed before Court and the legal consequences attendant upon breach thereof. It is not founded upon professional seniority, political hierarchy or social status,” Basemera stated. “The law does not require that a surety exercise authority over an accused person but rather that he be a person of sufficient integrity and responsibility to ensure the accused’s attendance.”

Regarding the 68-year-old Aol Ocan, Basemera observed that “maturity, experience, and standing in society are often attributes that enhance rather than diminish the credibility of a surety.” She concluded that all three public figures met the substantiality requirements of Direction 15 of the Bail Guidelines.

However, the legal scales tipped against Lukwago when the Chief Magistrate evaluated the gravity of the treason-related charge and the incomplete status of the state’s investigation.

“The seriousness of an offense and the severity of the sentence are undoubtedly relevant considerations in an application for bail,” Basemera ruled. “A person facing a severe punishment may, depending on the circumstances of the case, be tempted to evade the course of justice rather than stand trial.”

Basemera stressed that the offense of misprision of treason directly targets the preservation of constitutional order. She pointed out that because the alleged illegal actions span nearly three years and cross international borders into Kenya, a cautious judicial approach is mandatory to allow state actors to conclude inquiries without interference.

“This Court is not making a finding that the applicant has interfered or intends to interfere with any witness,” the Chief Magistrate clarified. “Rather, it is recognizing that where investigations remain active and incomplete, and where the surrounding circumstances objectively demonstrate a real possibility that the investigative process may be affected, the Court is entitled to adopt a cautious approach in the interests of justice. “

Addressing Lukwago’s highly publicized medical conditions, the Chief Magistrate validated his medical history, acknowledging records from Mulago National Referral Hospital and Nairobi Hospital. While she accepted that his health issues were “genuine and documented,” she ruled that they do not automatically equal an immediate right to release.

“The material before Court does not demonstrate that the applicant has been denied access to medical care, nor does it establish that the Uganda Prisons Service is unwilling or unable to facilitate specialized treatment whenever the same is medically assessed to be necessary,” Basemera noted. She concluded that the law permits individuals in lawful custody to receive advanced medical care through appropriate referrals under secure escort.

With his bail application denied, Lukwago remains remanded at Luzira Prison as the state moves to conclude its investigations before a trial date is scheduled.

Mr Lukwago is expected to be produced in court on June 30 for mention of his case.

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