State Lists Seven Grounds Against Erias Lukwago Bail Application

The State has asked Makindye Chief Magistrates’ Court to reject former Kampala Lord Mayor Erias Lukwago’s bail application.

In its reply to the application, the prosecution raised at least seven grounds it says court should consider before deciding whether to release him.

Lukwago, who is also president of the People’s Front for Freedom, is on remand over a charge of misprision of treason. He denies the charge.

“Your worship, we have instructions to oppose the accused’s/applicant’s bail application since it lacks merit,” the State told court.

Lukwago is expected to return to court on Monday, June 22, 2026, for further directions. The prosecution is also expected to formally respond to his bail request.

State challenges health grounds

Lukwago’s lawyers, including Medard Ssegona, had asked court to release him on bail partly because of ill health.

They told court that he suffers from hypertension, gastritis, spinal cord complications and a respiratory illness. The defence said these conditions require regular supervision by qualified or specialised medical personnel.

The defence also presented medical evidence showing that Lukwago underwent a successful spinal cord operation at Fortis Hospital in Gurugram, India.

However, the prosecution argued that Lukwago had not shown that the same condition had returned.

“By implication, this medical condition was resolved successfully. The accused person has not availed any medical evidence to prove that indeed his spinal cord was dislocated,” the State argued.

The prosecution also said Lukwago had not proved that his condition was too serious to be handled by prison medical staff.

“Your worship, it is our submission that the accused has not furnished any evidence to prove that his medical condition is too critical to be managed by the medical team at Murchison Bay Hospital. We contend that the Uganda Prisons has qualified medical personnel to deal with any medical condition,” the State submitted.

Prosecution cites gravity of charge

The State also asked court to consider the nature and seriousness of the charge.

Prosecutors cited Section 77(2)(a) and (b), and Direction 13(a) and (b) of the Bail Guidelines.

They said misprision of treason is a serious offence that carries a maximum sentence of life imprisonment upon conviction.

“The accused/applicant is charged with a very serious offence that attracts a maximum sentence of imprisonment for life upon conviction. The nature and severity of the charges are catalysts for the accused to abscond from the jurisdiction of this honourable court if he is released on bail,” the State submitted.

The prosecution added that the charge raises security concerns.

“Your Worship, the charges that the applicant is facing are not only serious but also have serious security concerns. In light of the above, I submit that there is a high likelihood that the applicant will abscond if released on bail to flee from the trial. We pray that bail is denied,” the State argued.

State says offence relates to violence

The prosecution further argued that misprision of treason involves knowledge of a plot to overthrow a sitting government through violent means.

The State said failure to report such information can affect national security and create turmoil.

It cited the case of Col Rtd Dr Kizza Besigye Vs Attorney General, Constitutional Reference No. 20 of 2005.

According to the prosecution, court must balance the constitutional rights of an accused person with the need to protect society from lawlessness and threats to national security.

“Your Worship, the offence of misprision of treason can easily cause personal violence, chaos, lawlessness, loss of lives, and collapse of the economy. We pray that you dismiss this application,” the State submitted.

Prosecution alleges risk to witnesses

The State also argued that Lukwago could interfere with witnesses if granted bail.

Prosecutors described him as a senior advocate and influential politician.

They cited his previous role as Kampala Lord Mayor and his current position as president of the People’s Front for Freedom.

“Your Worship, the accused is not only a prominent and senior advocate but also a very powerful politician, immediate past Lord Mayor of Kampala City, former Member of Kampala Central and currently the President of People’s Front for Freedom. The applicant wields a lot of political power and influence, which he will use to interfere with the witnesses with the intention of stopping them from testifying against him. The application should therefore be denied,” the State argued.

Residence details questioned

The prosecution also challenged Lukwago’s claim of a fixed place of abode.

The State said the defence submitted that Lukwago is a resident of Wakaliga.

However, prosecutors said the letter of introduction presented in court indicated that he is a resident of Bulwa Village LC1, Lubaga Division, Kampala District.

According to the State, the difference creates uncertainty about his actual residence and could make it difficult for court to trace him.

State objects to some sureties

Lukwago’s defence team presented three sureties.

They included Gulu City Woman MP Aol Betty Ocan, 68, a resident of Senior Quarters Sub-Ward, Laroo-Pece Division, Gulu City.

The other sureties were Lulume Bayiga and Mukono Municipality MP Betty Bakireke Nambooze, a resident of Nakabago Village, Ntaawo Ward, Mukono Municipality.

The prosecution argued that, except for the second surety, the proposed sureties did not state their relationship with Lukwago.

The State also objected to Lulume Bayiga on grounds that he is Lukwago’s friend and works under him in the People’s Front for Freedom.

“Save for surety two, the proposed sureties did not state their relationship with the applicant. About surety two, the applicant is a friend and his boss/supervisor at the People’s Front for Freedom political party, of which the applicant is president. Hon. Lulume Bayiga can’t compel his boss/supervisor at the above-mentioned political party to attend court,” the State submitted.

Prosecution says Lukwago is not of advanced age

The State also rejected Lukwago’s claim that his age supports his release on bail.

Lukwago told court that he is 56 years old.

However, the prosecution argued that 56 does not fall under the category of advanced age.

It cited Direction 4 of The Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, which defines advanced age as 60 years and above.

“The applicant is 56 and clearly not of advanced age and can therefore attend his trial while on remand. We therefore humbly pray that the applicant be denied bail and the application be dismissed,” the prosecution submitted.

Charge denied

The prosecution alleges that between 2021 and November 2024, in several places including Kampala and Nairobi, Kenya, Lukwago and others still at large knew that Joel Wakayima, Frank Kihehere Atukunda, Hajj Obeid Lutale and Dr Kizza Besigye intended to commit treason.

The State says Lukwago failed to report the information to relevant authorities, including a minister, administrative authority, magistrate or officer in charge of a police station.

Lukwago denies the charge.

He was arraigned before Makindye Chief Magistrates’ Court after spending two days in incommunicado detention following his arrest from his home in Wakaliga.

The arrest happened last Monday as he attempted to serve court papers on Chief of Defence Forces Gen Muhoozi Kainerugaba in connection with Dr Besigye’s treason case.

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