National Unity Platform (NUP) leader Robert Kyagulanyi, also known as Bobi Wine, has accused the judiciary of frustrating justice after the High Court dismissed a bail application for detained party member Anthony Agaba, alias Bobi Young.
On Wednesday, Justice Emmanuel Baguma ruled that the High Court could not hear the application because Agaba's case had not been properly placed before a civilian court.
He explained that the Director of Public Prosecutions (DPP) had not initiated proceedings in the High Court, despite a Supreme Court directive issued eight months ago requiring that civilians charged in military courts be transferred to civil jurisdictions.
"In conclusion, given the fact that the applicant is not charged in civilian court, this court cannot exercise its inherent powers to order for his release on bail as there is no case pending in any of the civilian courts," Justice Baguma ruled.
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He added that the application amounted to "a wrong relief disguised in bail."
Agaba, a musician and political activist, was arrested on June 4, 2024, and charged before the General Court Martial with unlawful possession of defence stores under Section 160 of the UPDF Act.
He denied the charges and has since been on remand at Luzira Prison.
Through his lawyers, Agaba argued that his detention was unconstitutional since the Supreme Court had barred the trial of civilians in the General Court Martial.
He further contended that he had a fixed place of residence in Mutungo, Kampala, and presented substantial sureties to guarantee his appearance in court if released.
However, Senior State Attorney Timothy Amerit opposed the application, arguing that the offence was serious and that Agaba had not demonstrated exceptional circumstances warranting bail.
He further insisted that if bail were to be granted, stringent conditions should be imposed.
Kyagulanyi, reacting to the ruling, accused the judiciary of acting as "an extension of the Museveni regime's political machinery" and deliberately using technicalities to prolong the detention of opposition figures.
"The judiciary continues playing ping-pong with our jailed comrades," he said, warning that the delays were intended to discourage dissent.
He added that while NUP lawyers were working on alternative legal measures, the "ultimate solution" to such injustices lay in political change.
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