Nine members of the opposition National Unity Platform (NUP), who are currently facing charges of terrorism, have requested bail from the International Crimes Division (ICD) of the High Court.
The accused—Hamidu Muyobi, Abdallah Katumba, Muhamod Kalyango, Male Sulaiman Kyewalabye, Wilber Kairugara, Umar Magala, Abdu Katumba, Issa Makumbi, and Hamidu Ssekide—appeared before Lady Justice Alice Komuhangi Khauka, represented by their lawyers Nalukola Luyimbazi, Ssuna Zakaria, and Jonathan Erotu.
According to court records, the nine individuals were charged with terrorism-related offenses on May 31, 2023, and presented before the Chief Magistrate’s Court in Nabweru, leading to their remand to Luzira Prison. The charge sheet was updated on February 9, 2024, to include Salim Ssekabembe and Rashid Ssebagala (alias Professor), while removing Resty Birungi Nabbosa and Faridah Masaba.
The accused have informed the court that they have fixed residences in Uganda and are prepared to comply with any bail conditions set by the court. They argue that they are entitled to mandatory bail, having been incarcerated for almost a year without being committed to the High Court for trial. They emphasized that it is uncertain when their trial will commence.
The suspects have asserted that they have substantial sureties ready to vouch for them in court. Umar Magala, one of the accused, filed a separate application emphasizing his constitutional right to bail. He stated that his offense is bailable and reiterated his commitment to appearing in court whenever required.
Magala, a teacher and headteacher at Abdul Waheed High School, resides at Kakungulu Zone 1 Parish, Kawempe Division, Kampala District. He stressed his role as the primary breadwinner for his family, noting his marital status and responsibilities. He argued that after six months of being charged and remanded in Luzira Prison, he is entitled to mandatory bail under constitutional provisions.
In his affidavit, Magala stated, “Upon release on bail, I will attend court whenever called upon and will not abscond. I am ready and willing to fully attend the trial and comply with the terms and conditions for the grant of bail.”
The applicants collectively argue that their trial is likely to be protracted, warranting their release on bail. However, during their appearance before the judge, it was highlighted that the status of their case had changed. They were committed for trial by the time of their bail application, making them ineligible for mandatory bail.
Justice Komuhangi informed the defense lawyers that once a person is committed for trial, the grounds for mandatory bail no longer apply. Chief state attorney Richard Birivumbuka noted that one of the applicants, Umar Magala, is also involved in a separate bail application. He pointed out that both applications were based on identical facts and sought the same remedy.
Birivumbuka suggested that the applications be consolidated to avoid duplication and backlog. He invoked section 17(2) of the Judicature Act, requesting the judge to consolidate the applications formally.
In response, lawyer Nalukoola acknowledged Birivumbuka’s suggestion and requested additional time to consider whether to consolidate the applications. The judge subsequently remanded the accused until June 4, 2024, to allow the lawyers to decide on the consolidation.
The prosecution alleges that on May 7, 2023, in Nabweru North Zone, Nansana Municipality, the accused engaged in terrorist activities by purchasing and manufacturing improvised explosive devices (petrol bombs), disregarding public safety. The alleged acts aimed to intimidate the public or influence the government for political, social, religious, or economic objectives.
