DPP Opposes Lukwago Bail, Citing Flight Risk

The Director of Public Prosecutions (DPP) has asked the High Court Criminal Division to deny bail to People’s Front for Freedom (PFF) president Erias Lukwago, arguing that his release could jeopardise his trial because of his political influence, the gravity of the charges against him and the risk of interfering with prosecution witnesses.

In an affidavit filed before the Criminal Division of the High Court, Chief State Attorney Joseph Kyomuhendo contends that Lukwago has not demonstrated exceptional circumstances to justify his release pending trial on a charge of misprision of treason.

The State disputes Lukwago’s claim that his deteriorating health cannot be managed while in prison, maintaining that the Uganda Prisons Service has adequate medical personnel to provide the treatment he requires.

Prosecutors also rejected allegations that Lukwago was assaulted in detention, subjected to forced physical drills or held in conditions that have worsened his health.

According to the DPP, Lukwago’s prominence as a senior advocate, former Kampala Lord Mayor and president of the People’s Front for Freedom gives him significant influence that could be used to interfere with State witnesses if he is released.

The prosecution further argues that the sureties presented by Lukwago do not provide sufficient assurance that he will return to court.

His proposed sureties include his law partner Chrysostom Katumba, his elder brother Abdul Sewankambo, Mukono Municipality MP Betty Nambooze Bakireke and former Rubaga North MP Moses Kasibante.

The State also points to the seriousness of the offence, noting that misprision of treason carries a maximum sentence of life imprisonment, creating what it describes as a substantial risk that Lukwago could abscond if granted bail.

“The charges relate to alleged activities that undermine the affairs and security of Uganda,” the affidavit states, adding that releasing the accused could prejudice the prosecution if witnesses are influenced or if the accused fails to appear for trial.

The matter came before Justice David Matovu on Friday. Rather than hearing oral arguments, the judge directed both parties to file written submissions before ruling on the application.

The defence is expected to file its submissions first, followed by the prosecution’s response and a final rejoinder before the court delivers its ruling on July 30 through the Electronic Court Case Management Information System (ECCMIS).

Speaking after the court session, Lukwago’s lawyer Medard Lubega Sseggona said the proceedings mainly focused on introducing the proposed sureties and agreeing on timelines for filing written submissions.

Sseggona said the defence remains concerned about Lukwago’s health, arguing that his condition continues to deteriorate while on remand.

According to Sseggona, although the defence requested that Lukwago be referred to Mulago National Referral Hospital, the judge instead directed prison authorities to take the necessary medical action after consulting the Uganda Prisons Service medical team.

While acknowledging efforts by the Uganda Prisons Service to provide medical care, Sseggona argued that the prison health system remains overstretched and lacks adequate equipment and specialized personnel.

He noted that Murchison Bay Prison Hospital is congested and that only one physiotherapist serves the entire prison system, making it difficult for inmates requiring specialized rehabilitation to receive timely treatment.

According to him, physiotherapy is only intended to manage Lukwago’s symptoms and pain, while his underlying medical condition requires more comprehensive specialised treatment. Lukwago, 56, is seeking release pending trial, arguing that he has a permanent place of residence in Wakaliga, Rubaga Division, has practised law for nearly three decades and fully understands his obligation to attend court whenever required.

He also relies on the constitutional presumption of innocence, saying continued detention poses a serious risk to his health because prison conditions cannot adequately cater for his specialised medical needs.

Lukwago was committed to the High Court last week after the Makindye Chief Magistrate’s Court concluded that police investigations had been completed.

According to the indictment signed by Assistant Director of Public Prosecutions Thomas Jatiko, Lukwago is accused of failing to report information relating to an alleged plot to overthrow the Government of Uganda between 2021 and November 2024.

The prosecution alleges that, as president of the People’s Front for Freedom, he knew that opposition figures, including Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda, allegedly intended to commit treason but neither informed authorities nor took reasonable steps to prevent the alleged offences.

The charge of misprision of treason is brought under Section 25 of the Penal Code Act, which criminalizes failure to promptly report knowledge of intended treason to the relevant authorities. Justice Matovu is expected to deliver his ruling on the bail application on July 30. Lukwago denies the charge and maintains that he is entitled to bail pending trial