By Joseph Kiggundu
Former Kampala Lord Mayor Erias Lukwago has made a third attempt to secure his release on bail, asking the High Court in Kampala to free him from Luzira Prison as he awaits trial on a charge of misprision of treason.
The fresh application comes after his earlier bid for temporary release was rejected by the High Court. Lukwago, the Executive Chairperson of the People’s Front for Freedom (PFF), has been in custody since June 17, when he was charged before the Makindye Chief Magistrate’s Court.
He pleaded not guilty and was remanded to Murchison Bay Prison, Luzira. In the new application, Lukwago argues that he qualifies for bail because more than 60 days have elapsed since his remand without the commencement of his trial.
He cites Article 23(6)(b) of the Constitution, which provides for bail where a person charged with an offence triable by the High Court has been held for 60 days before trial.
The former lord mayor has also presented several grounds to convince court that he will return for trial if released.
Among them, he says he has a fixed home in Bulwa Zone, Wakaliga, Rubaga Division, and has no intention of absconding. He further points to his nearly three decades as a lawyer, arguing that his profession has given him a clear understanding of the obligations attached to bail.
“I have no intention whatsoever of absconding from the jurisdiction of this Honourable Court,” Lukwago states in his affidavit, adding that he is “willing to attend my trial to its conclusion and comply with any conditions imposed by court.”
He has lined up four proposed sureties, including Mukono Municipality MP Betty Nambooze, former Rubaga North MP Moses Kasibante, his law firm partner Katumba Chrisestom and his elder brother Sewankambo Abdul.
Lukwago also cites his age and the conditions of imprisonment, saying he is unable to withstand continued detention. He argues that his continued custody despite having met the constitutional threshold for bail would cause him “substantial prejudice.”
The application also comes against the backdrop of Lukwago’s disputed arrest. In his affidavit, he says armed operatives surrounded his home on June 15, forced their way inside and took him away in a Toyota Hiace, commonly referred to as a “Drone.”
He says he was held at an undisclosed location for about two and a half days “without access to my lawyers, family or personal physicians.”
The State alleges that Lukwago knew about an alleged plot involving opposition figures to overthrow the government but failed to report it to authorities.
He denies the charge and remains presumed innocent unless proved guilty.
Lukwago’s latest application now places his freedom once again before the High Court, as he seeks release pending the eventual hearing of his treason-related case.