KAMPALA, Uganda — Uganda’s High Court has dismissed an application for bail filed by prominent Kampala lawyer and opposition politician Erias Lukwago, ruling that the request had been overtaken by events after his case was formally committed to the High Court for trial on a charge of misprision of treason.
In a ruling delivered on Thursday, Justice David Matovu held that Lukwago’s bail application related to proceedings before the Makindye Chief Magistrate’s Court, a case that effectively ceased to exist after the accused was committed to the High Court on July 16, 2026.
The judge further noted that no High Court judge had yet been assigned the newly registered criminal session case, making it inappropriate for him to determine the application.
“In the final result, and considering the missing medical report duly certified by a person authorized in law, and also the fact that this application was filed in relation to Makindye Chief Magistrates Court Criminal Case No. 0762 of 2026, which case no longer exists, this court will exercise its discretion by not granting bail in order to give whichever judge will be allocated this matter the opportunity to effectively manage the case,” Justice Matovu ruled.
The court directed the Deputy Registrar of the Criminal Division to expedite the allocation of the case to a trial judge.
Lukwago, one of the defence lawyers representing retired Colonel Dr Kizza Besigye and other opposition figures facing treason-related charges, was charged before the Makindye Chief Magistrate’s Court on June 17, 2026, with misprision of treason, an offence he denies.
After the Chief Magistrate rejected his initial bail application, Lukwago was referred to Mulago National Referral Hospital for specialist medical assessment.
He subsequently petitioned the High Court for bail on July 8, arguing that continued detention posed a serious risk to his health.
Court documents showed that Lukwago suffers from several chronic medical conditions, including hypertension, cylindrical bronchiectasis, irreversible persistent anosmia and tinnitus, residual cervical radiculitis, gastroesophageal reflux disease and hiatus hernia.
Medical specialists at Mulago also recommended further spinal review and specialised treatment by his long-time surgeons in India.
Lukwago argued that prison medical facilities were unable to provide the level of treatment his condition requires.
The applicant also informed the court that he has a permanent residence in Bulwa Zone, Wakaliga, Rubaga Division, Kampala, and presented four sureties.
They included:
- Lukwago & Co. Advocates managing partner Katumba Chrisestom
- Businessman Abdul Sewankambo, Lukwago’s elder brother
- Mukono Municipality MP Betty Bakireke Nambooze
- Former Rubaga North MP Moses Kasibante
Justice Matovu found all four sureties to be substantial and compliant with the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.
The judge also noted that the prosecution had not challenged their suitability and acknowledged that Lukwago has a fixed place of residence.
He reaffirmed that under Article 23(6)(a) of Uganda’s Constitution, every accused person enjoys the presumption of innocence and has a constitutional right to apply for bail.
However, the court found deficiencies in the medical evidence supporting the application.
Justice Matovu ruled that although Mulago National Referral Hospital had documented Lukwago’s medical condition, the application lacked certification from an authorised medical officer of the Uganda Prisons Service confirming that prison facilities were incapable of providing the required treatment.
He ordered that Lukwago’s medical reports be forwarded to prison authorities to facilitate appropriate medical care, adding that prison officials should formally notify the court if they are unable to manage his condition.
Prosecution opposed release
The prosecution, through Chief State Attorney Joseph Kyomuhendo, opposed the application.
State prosecutors argued that:
- Lukwago’s medical condition could be managed within prison
- His sureties were inadequate
- He presented a flight risk because of the seriousness of the charge
- He could interfere with prosecution witnesses
Justice Matovu dismissed the prosecution’s concerns regarding flight risk and witness interference, describing them as speculative.
He observed that investigations appeared complete and that prosecutors had already begun presenting evidence in the related treason proceedings.
Nevertheless, the judge ruled that the application could not succeed because the original magistrate’s court case no longer existed following committal to the High Court and because no trial judge had yet been assigned.
Lukwago was committed to the High Court after prosecutors informed the Makindye Chief Magistrate’s Court that investigations had been concluded.
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According to an indictment signed by Assistant Director of Public Prosecutions Thomas Jatiko, prosecutors allege that between 2021 and November 2024, Lukwago knowingly failed to report information relating to an alleged plot to overthrow the Government of Uganda.
The prosecution claims that, as president of the People’s Front for Freedom (PFF), he knew of an alleged conspiracy involving Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda but neither reported the alleged plan to authorities nor took reasonable steps to prevent it.
Under Section 25 of Uganda’s Penal Code Act, the offence of misprision of treason criminalises knowingly failing to report information relating to an intended act of treason.
