Anxiety and frustration gripped hundreds of supporters of former Kampala Lord Mayor Erias Lukwago yesterday after the Makindye Chief Magistrate’s Court made a U-turn and didn’t deliver its much-awaited ruling on his bail application, extending his stay in Luzira Prison as concerns over his deteriorating health continued to mount. The court premises was guarded by heavily armed security personnel.
Supporters dressed in People’s Front for Freedom (PFF) colours filled the courtroom, while dozens more crowded windows and corridors in the court grounds. Mr Lukwago, 56, who is facing a charge of misprision of treason, was brought to court at around 10:25am while his hands were handcuffed. His appearance was greeted with excitement from mammoth supporters, many of whom have followed every stage of the case since his arrest.
The immediate past former Lord Mayor, who had spent exactly a week in detention following his arrest, had hoped to know his fate at 2pm when Chief Magistrate Sarah Basemera was due to rule on his bail application. However, shortly before the appointed time, lawyers from both sides were summoned into the magistrate’s chambers instead of open court, triggering speculation and concern among the anxiously waiting crowds. Moments later, lead defence lawyer Medard Lubega Ssegona emerged from the magistrate’s chambers downcast before delivering disappointing news. ‘Her Worship, the Chief Magistrate, has advised that her ruling is not ready,’ Mr Ssegona told supporters, family members and journalists gathered outside the courtroom. He explained that the magistrate had opted against returning to the packed courtroom to announce the delay due to the highly charged atmosphere surrounding the case.
‘Owing to the sensitivity of the case and all the environment as you see it, she was informed that it was not advisable to come back and convey the news that the ruling is not ready. She did not want to gather the crowds that we have, especially when the ruling is not ready,’ Mr Ssegona said. According to the defence lawyer, the magistrate committed herself to delivering the ruling electronically through the Electronic Court Case Management Information System (ECCMIS) within 24 hours. ‘She undertook to deliver the ruling by ECCMIS within 24 hours from the time we met her in chambers. She invited us to understand the situation and requested us to go back and glue ourselves to the computers as we wait for the ruling,’ he added. The main criminal case remains scheduled for mention on June 30.
But beyond the delayed ruling, it was Lukwago’s health that dominated discussions outside court, with some of his supporters sobbing since he was heading back to prison. Earlier during the proceedings, Mr Ssegona informed the court that his client’s condition was worsening despite receiving treatment while on remand. ‘The defence maintains that Lukwago is suffering from a spinal condition involving a dislocated disc that requires specialised MRI-guided examination and treatment, which cannot adequately be provided within the prison health system,’ he said He added: ‘Unfortunately, the seemingly dislocated disc has accelerated, causing excruciating pain to the accused (Mr Lukwago), and certainly cannot be examined and treated in Luzira or anywhere in Uganda.’ He also raised concerns about Lukwago’s vulnerability to infections due to a declining white blood cell count, warning that his closeness to inmates suffering from tuberculosis (TB) could place him at greater risk.
Outside the courtroom, Mr Ssegona drew comparisons with previous cases where accused persons complained of serious health conditions while in detention. ‘For Hon Lukwago, his health situation is not any better. It gets worse day by day,’ he said. ‘I must mention this because we have seen cases before. There was a German national denied bail in Kalangala who died, and then we had Hon Muhammad Ssegirinya, who kept telling courts that he was in bad health until it was too late. We have put all these materials before the court, and we trust that the court will understand,’ he added. The State has since strongly opposed Lukwago’s release on bail, arguing that the offence he faces is grave, carries a potential life sentence, and raises national security concerns.
Prosecutors have also challenged the suitability of some of his proposed sureties and questioned claims that his age and health condition justify his release. Yesterday’s proceedings also unfolded against the backdrop of controversy surrounding the deportation of Kenyan lawyer and former Justice Minister Martha Karua, who had travelled to Uganda intending to attend Lukwango’s proceedings. Ms Karua and Mr Lukwago are both lead defence lawyers in the treason and misprision case that incarcerated Dr Kizza Besigye is currently facing. Asked about the matter, Mr Ssegona criticised the decision to deny her entry into the country.
‘I know that Martha Karua was not denied entry into the country but detained at the airport and deported. It is not within the spirit of the East African Community,’ he said. ‘An accused person is entitled to have a lawyer of his own choice from anywhere. I don’t think Martha is a security threat to this country,’ he said. As evening approached, supporters slowly dispersed from the court precincts, still uncertain whether the ruling expected within the next 24 hours would finally secure Lukwago’s temporary freedom. For now, the opposition politician remains behind bars at Luzira Prison, where his lawyers say each passing day is worsening an already fragile health condition.