KAMPALA.Ten leaders and members of Opposition National Unity Platform (NUP) have been sent back to Luzira Prison after their second attempt to secure bail failed .
According to Kawempe Chief Magistrate Damalie Agumansiimwe the accused failed to meet the legal requirements for temporary release on charges of taking part in illegal military drills .
Ms Agumansiimwe delivered the ruling on Friday via a Zoom link. Neither the accused persons nor the magistrate was physically present in court building during the session.
She acknowledged that bail is a constitutional right ,but stressed that it is not automatic.
“Granting bail is discretionary and depends on whether the applicants have satisfied court that they will abide by the conditions imposed and not interfere with the ongoing investigations,” she held.
The accused include NUP deputy spokesperson Alex Waiswa Mufumbiro, Kampala Central Woman Lord Councillor aspirant Saudah Madaada, NUP leadership school principal Dorren Kaija, and six close aides to NUP president Robert Kyagulanyi aka Bobi Wine — among them Edward Ssebuufu, alias Eddie Mutwe, and Achileo Kivumbi, who were arrested in February at the party’s Makerere–Kavule offices.
Prosecution alleges the accused persons conducted a meeting where individuals were trained in military-style exercises without authorization from the Minister of Internal Affairs, contrary to Section 45 of the Penal Code Act. They all pleaded not guilty.
During earlier submissions, prosecution led by Chief State Attorney Sharon Sarah Nambuya opposed bail, citing the likelihood of interference with witnesses, flight risk, and potential frustration of police inquiries.
“We filed ten affidavits in objection to the bail application,” Nambuya told court, adding that: “The affidavits were sworn by Detective ASP Sarah Kataike, an investigating officer attached to Kampala Metropolitan Police North.”
She pointed out that two of the accused, Eddie Mutwe and Kivumbi, are separately facing capital charges of aggravated robbery before the High Court in Masaka City, which in her view increased the risk of absconding if released.
The prosecutor also questioned the reliability of the sureties, noting that some were younger than the accused by more than ten years, while others provided phone numbers not registered in their names.
“The sureties are not substantial enough to compel the appearance of the accused before court,” Nambuya submitted, adding that concerns about witness interference were not speculative, since one of the key witnesses is a former subordinate of Eddie Mutwe.
She further told court that some applicants had questionable conduct at the time of arrest, citing Madaada’s apprehension at the border in disguise and concerns over the mobility of Mufumbiro’s elderly surety, retired judicial officer Moses Baligeya Mufumbiro.
On their part, defence lawyers Samuel Mulindwa Muyiizi, Evans Ochienge, and Alex Luganda urged court to release the accused on bail, insisting that they are entitled to liberty until proven guilty.
“These Ugandans have nowhere to go. None of the accused before this court is charged with a capital offence that attracts the death penalty or life imprisonment. They are simply charged with felonies,” Ochienge argued.
The defence contended that all the accused had demonstrated fixed places of residence and presented sureties as required by law. They dismissed fears of witness interference as “mere conjecture” by prosecution.
“None of the accused has a history of violence,” Ochienge added.
However in her ruling Magistrate Agumansiimwe found merit in the state’s objections and ruled that the applicants had not demonstrated sufficient grounds to warrant release.
“In exercising the discretion to grant bail, court must take into account the nature of the offence, the likelihood of the accused turning up for trial, and whether their release will prejudice investigations,” she said.
“In the present application, I find that the applicants have not satisfied court on these considerations. The bail application is hereby denied. The accused persons shall remain in custody until the next date fixed by this court,” she ruled.
The ruling means that the NUP members, who have been on remand since February, will continue in custody as investigations proceed.