A coalition of Ugandan lawyers has risen to defend the constitutional right to bail and the independence of the judiciary, following scathing remarks by President Yoweri Museveni.
The President recently criticized judicial officers who grant bail, particularly in cases involving serious crimes, stating, “I will no longer tolerate judicial officers releasing criminals” at Makerere University Business School.
This statement has sparked outrage among lawyers, who argue that such remarks amount to intimidation of judges and magistrates, undermining their independence.
The lawyers emphasized that threatening judges who grant bail erodes the presumption of innocence, weakens public trust in the courts, and threatens the freedom of every Ugandan.
In a statement, they condemned Museveni’s comments, highlighting the importance of upholding the constitutional right to bail.
This isn’t the first time Museveni has expressed his opposition to bail; he has previously argued against it, citing the “old law of Moses and Abraham; an eye for an eye”.
The signatories also criticized judicial officers who unnecessarily delay bail rulings or impose harsh conditions, citing the case of lawyer Eron Kiiza, where excessive cash deposits and passport seizures were ordered.
This, they argue, is a misuse of power and undermines the principles of justice. Daniel Ruhweza, a constitutional law lecturer at Makerere University, supports the lawyers’ stance, stating that every politician is a potential accused person in a court of law and that bail is fundamental to ensuring natural justice.
Ruhweza added that scrapping bail would encourage mobs to kill suspects and take away one of the maxims of natural justice. He cited Article 23 of Uganda’s constitution, which protects personal liberty.
This debate comes amid concerns over Uganda’s political landscape, with opposition leader Bobi Wine having asked the International Criminal Court to investigate Museveni and his government over human rights abuses.
In a show of support for the judiciary, retired Supreme Court Justice George Kanyeihamba and five human rights activists sued President Museveni over his proposal to alter the law regarding bail applications and release of suspects on police bond.
They argue that Museveni’s remarks are unconstitutional and contravene several articles of the Constitution and International treaties to which Uganda is a signatory.
As this controversy unfolds, the Uganda Law Society and other stakeholders are urging the government to respect the independence of the judiciary and uphold the constitutional right to bail.
The outcome of this debate will have far-reaching implications for the country’s justice system and the rule of law.
For now, the coalition of Ugandan lawyers remains steadfast in their defense of the constitutional right to bail and the independence of the judiciary.