Opposition MPs push Attorney General to 'educate' Museveni on bail

Opposition MPs have challenged President Museveni's remarks on bail, arguing that the Constitution guarantees every accused person the right to apply for release while awaiting trial.

Opposition MPs have urged government lawyers to advise President Museveni on the constitutional right to bail.

Shamim Malende said denying political suspects bail undermines the presumption of innocence.

Joel Ssenyonyi warned against proposals to remove bail for selected offences.

Museveni argues that some suspects should remain in custody because they intimidate witnesses.

Opposition Members of Parliament have urged the Attorney General Sam Mayanja and government legal advisers to educate President Yoweri Museveni on the constitutional right.

This follows the president’s recent remarks where he questioned the release of opposition suspects facing serious criminal charges.

The president, during a televised national address last week, said jailed opposition leaders could not be granted bail because they would intimdate the state prosecution witnesses.

Following the resumption of the 12th Parliament, lawmakers warned that the President's remarks contradicted the Constitution and the principle that every accused person is presumed innocent until proven guilty.

"The Fountain of Honor needs to be educated on the presumption of innocence in depth. We just want to urge the Attorney General and other people responsible for advising the government to do their work very well and try to put it directly to the President and the Executive to understand that the presumption of innocence is a constitutional provision which must be respected," said Kampala Woman MP Shamim Malende

She argued that denying suspects bail simply because they face political or serious charges amounts to treating them as guilty before trial.

"When you say that political prisoners should be denied bail, you are contravening the Constitution and it is as if you are saying that you want to introduce the presumption of guilt," she said.

"When you say that some suspects intimidate witnesses, there is a procedure under the law where witnesses can be protected."

Shamim Malende

She also noted that bail remains at the discretion of the courts.

"Besides, bail is a discretion of court; someone can apply and still not get it."

Leader of the Opposition Joel Ssenyonyi also warned against attempts to remove the constitutional right to apply for bail.

He argued that the Constitution allows every accused person to seek release while awaiting trial.

"Application for bail is a legal right in our Constitution. Let us not scrap it because Article 28(3) allows someone who is presumed innocent to seek release on bail and appear in court coming from home."

Ssenyonyi cautioned that any move to abolish bail for selected offences would undermine the presumption of innocence.

"But if the government moots the idea to say that for certain offences we should scrap bail; you are judging these persons guilty before the court does."

"I really hope that colleagues in government will advise against this because, as we have seen now, any of us is a potential client for court and jail."

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