Former Kampala Lord Mayor and People’s Front for Freedom president Erias Lukwago will know this afternoon whether he will be released on bail or not, after Makindye Chief Magistrates Court fixed its ruling for 2pm.
Lukwago, who is facing a charge of misprision of treason, was produced in court at 10:25am amid high interest in his bail application. The case proceeded after both defence and prosecution confirmed compliance with earlier court directions requiring written submissions.
Defence lawyer Medard Lubega Ssegona told court all necessary documents had been filed through the Electronic Court Case Management Information System, including a rejoinder to the State’s submissions and a Local Council letter supporting one of the proposed sureties, Mukono Municipality MP Betty Nambooze.
‘This bail application is before you this morning. You gave us directions and we have since complied with them,’ Ssegona submitted.
He thanked prison authorities for allowing Lukwago’s family to deliver a mattress and for facilitating medical care at Murchison Bay Hospital. But Ssegona raised fresh concerns about his client’s deteriorating health.
‘Unfortunately, the seemingly dislocated disc has accelerated by causing excruciating pain to the accused and certainly can’t be examined and treated in Luzira or anywhere in Uganda,’ he told court.
According to the defence, Lukwago has undergone physiotherapy while in custody, but treatment has not yielded results because it requires MRI-guided assessment, a service they say is unavailable within the prison system.
Ssegona also expressed concern about the risk of tuberculosis infection, arguing that Lukwago’s fragile health could be worsened by exposure to inmates with the disease.
‘There is a threat of TB infection. The TB ward is just close to where he is staying. At some point, a TB patient was brought to their room and managed there until they complained,’ Ssegona said.
He added that recent medical tests showed a continued decline in Lukwago’s white blood cell count, making any infection potentially dangerous.
‘We are hopeful that the ruling will be expedited, possibly delivered today and positive, but in the unlikely event that it is not ready, we pray that the accused be referred to Mulago National Referral Hospital for an MRI and other tests,’ he said.
In response, State Attorney Barbra Masinde said prosecution had complied with court directives and asked the court to rely on previously filed submissions opposing bail.
‘I did not interact with counsel and you gave guidelines which we complied with. Those issues were not included in the rejoinder. It is the prosecution’s request that our earlier submissions be adopted and relied upon to reach a decision in this matter,’ Masinde submitted.
Ssegona clarified that the issues he raised were merely highlights of concerns already addressed in defence submissions.
‘The accused is your prisoner and you decide where to take him,’ he said.
Chief Magistrate Sarah Basemera noted all parties had complied and fixed the ruling on the bail application for 2pm.
Last week, the State opposed Lukwago’s release on seven grounds. Prosecutors argued that misprision of treason is a serious charge carrying a potential life sentence, raises national security concerns and presents a risk of witness interference.
They also challenged the suitability of his sureties, questioned his stated residence and disputed claims that his age and health condition warrant release on bail.