The Kawempe Magistrates Court has set December 5 for the ruling on mandatory bail for National Unity Platform (NUP) supporters, who have been on remand for over 60 days.
The court presided over by Grade One Magistrate Damalie Agumasiimwe heard arguments from both sides on Tuesday, with the prosecution and defence presenting their cases.
Prosecution led by resident chief state attorney Sharon Nambuya and Bruce Twongirwe informed court that they were ready to proceed with the case.
“We are ready to proceed as we have already disclosed,” Nambuya said.
However, defence lawyers led by Samuel Muyiizi argued that the accused persons had exceeded the constitutional remand period and were entitled to mandatory bail.
“The accused have already clocked more than 60 days on remand except the eleventh accused person Olivia Lutaaya. We are applying for mandatory bail,” Mr Muyiizi told the court.
The State objected, arguing that the accused who was absent could not apply for bail.
“It would be prejudicial for the accused who is not in court to apply,” prosecutors argued.
However, Magistrate Agumasiimwe clarified that the constitutional threshold had been met.
“The fact is that the accused have clocked the mandatory period without trial. They can apply for bail,” she ruled.
Defence lawyer Alex Luganda laid out the specific remand periods for each accused, citing the Constitution in support of their application for bail.
“A1 and A2 (Mr Edward Ssebufu alias Eddie Mutwe, Mr Kivumbi Achileo) have been on remand for 90 days. A3 to A7 (Mr Tasi Calvin alias Bobi Giant, Mr Edwin Sserunkuma alias Eddy King Kabejja, Mr Lukenge Sharif, and Mr Yasin Nyanzi and Mr Tonny Kawesi, have been on remand for 70 days, A8 and A9 (Mr Alex Waiswa Mufumbiro and Doreen Kaija) for 68 days, and A10 has been on remand for 68 days,” he said.
Luganda cited Article 23(6) of the Constitution, which states that where a person is on remand for a triable-by-magistrate offense for a period exceeding 60 days, any magistrate before whom such a person appears is commanded to release such an accused on such conditions as the court may deem fit.
But Ms Nambuya insisted that mandatory bail was not automatic.
“The right to apply is not a guarantee to grant,” she argued, urging the court to consider public safety, victims’ rights, and the nature of the offence.
“Unlawful drilling is a security-related offense and their activities cause threats to the public,” Ms Nambuya said, adding that several accused hold senior positions in NUP.
“They can interfere with prosecution witnesses since we have already disclosed to the defence.”
She further warned of the political climate. “This is a political season and there is need to take communities in serious consideration and protect them from unlawful activities,” the State submitted.
The prosecution also noted that applicants must still satisfy statutory requirements, including substantial sureties and proof of fixed places of abode. “Mandatory bail is not mandatory as the court must exercise its discretion,” they concluded, insisting there had been no trial delays. “We even had witnesses in court.”
The State also downplayed health-related concerns, stating that the prison facilities have full medical services. “The suspects’ medical condition can be handled well in prison,” they said.
However, the court was later informed that one of the accused, Saudah Madaada, had collapsed in the cells and was in need of urgent medical attention. Magistrate Agumasiimwe announced that Chief Magistrate Roselyn Nsenge had ordered immediate emergency evacuation.
“She has told me she is on medication on and still continuing with it,” Agumasiimwe said. “The Chief Magistrate has called for high evacuation services to ensure she is taken to hospital for specialised care.”
Madaada’s mother was permitted to accompany her to the hospital.
“I have given access to her mother to move with her,” the magistrate said.
The accused are charged with unlawful drilling, conspiracy to commit a felony, and wearing uniforms resembling those of the armed forces, stemming from a February 12, 2025 arrest at NUP’s Makerere-Kavule offices. They deny the allegations.