Uganda: Court Rejects Mandatory Bail for NUP Supporters Due to 'Unlawful Drilling'
In a notable ruling, the Kawempe Chief Magistrates Court has turned down a request for mandatory bail from ten supporters of the National Unity Platform (NUP), who have been in custody for more than 60 days. The court clarified that simply spending time in detention does not guarantee an automatic release.
This ruling comes amidst serious allegations against the group, who are accused of carrying out unlawful military drills at the NUP headquarters located in Makerere Kavule.
Magistrate Damalie Agumaasiimwe emphasized that, although the applicants had surpassed the constitutional limit of 60 days in remand, the court must also take into account whether granting their release would serve justice and public safety.
But here's where it gets controversial: the group includes key figures within the NUP's security and leadership, and they are charged with organizing a military-style parade on February 12, 2024, to mark the birthday of party president Robert Kyagulanyi Ssentamu.
The individuals involved in this legal battle are Edward Ssebufu (commonly known as Eddie Mutwe), Achileo Kivumbi, Calvin Tasi (also known as Bobi Giant), Edwin Sserukuma (known as Eddy King Kabejja), Alex Waiswa Mufumbiro (who serves as the NUP Deputy Spokesperson), Saudah Madaada (alias AIGP Madaada), Doreen Kaija (the NUP School of Leadership Principal), Sharif Lukenge, Yasin Nyanzi, and Tonny Kawesi. Olivia Lutaaya, while still in remand, did not apply for mandatory bail as she has not yet reached the 60-day threshold.
In defense of the applicants, lawyers Samuel Muyizzi Mulindwa and Kato Tumusiime cited Article 23(6)(b) of the Constitution, which stipulates that individuals must be released after 60 days without trial.
Conversely, the prosecution team, led by Chief State Attorney Sharon Nambuya and Bruce Twongirwe, argued that mandatory bail does not equate to automatic release. They insisted that the court has a responsibility to consider the public interest and ensure witness protection.
Magistrate Agumaasiimwe noted that some individuals, particularly Eddie Mutwe, have been in custody for close to 90 days. She ruled that the potential risk posed to witnesses remains significant. Although the sureties provided were substantial and could be traced, they did not adequately mitigate the identified security threats.
Furthermore, the court mandated the Uganda Prisons Service to provide timely medical assistance for Sauda Madaada and urged the prosecution to finalize disclosures and initiate the trial "as soon as possible."
This ruling marks yet another setback for the NUP supporters, who have faced numerous bail application rejections. For Alex Waiswa Mufumbiro, this decision carries extra weight as he is the NUP’s candidate for the Nakawa East by-election set for January 15, 2026, and he is scheduled to appear in court again on January 6.
What do you think about this ruling? Is the court prioritizing public safety over individual rights, or is it merely adhering to the law? Share your thoughts below.
