Court gives govt ultimatum on Besigye, Lubega case
Former presidential candidate, Dr Kizza Besigye and his co-accused Samuel Lubega Mukaaku in the dock during their bail application hearing at Buganda Road Chief Magistrate's Court on July 1, 2022. PHOTO/ ABUBAKER LUBOWA
What you need to know:
- Court has given the state one last adjournment or else the case will be closed.
Court has given the state 20 days to present evidence against opposition politician Dr Kizza Besigye.
Dr Besigye is jointly charged with Lubega Mukaku on accusations of inciting violence in regard to protests against high commodity prices.
On Thursday, Buganda Road Court Magistrate Jatiko Nankya gave prosecution the last adjournment after failure of the state witnesses to appear.
Nankya said court considered the fact that October 24, 2022 was when the last prosecution witness appeared in the case, making it part of the backlog in the court system.
"I am giving you one last adjournment to summon your witnesses or else you will be forced to close your case," the magistrate ordered.
Court’s decision followed state submission that “the witnesses who are police officers were unable to testify because they are on special duties.”
Earlier, State Attorney Allan Mucunguzi had asked the court for a three-week adjournment.
But Besigye's lawyer Elias Lukwago said: "We oppose the application for adjournment. There is a practice and a tendency in our criminal justice system by the prosecution to come and say they are seeking adjournment without substantial grounds."
He further told court that the matter has dragged yet the accused persons are responsible citizens with serious commitments.
But the state responded saying: "The witnesses have been deployed in Non-Allied Movement (NAM) and G77 conferences and we believe these are substantial reasons to warrant adjournment. It is not a habit for the prosecution to seek blanket adjournments."
Prosecution case
Dr Besigye and Mukaaku are facing a charge of inciting violence against high commodity prices in Kampala whose punishment upon conviction is by either a fine or imprisonment or both.
The two accused people were arrested addressing traders about the need to protest against the skyrocketing prices of commodities in the country as Parliament convened at Kololo Ceremonial Grounds for the 2022/2023 reading of the national budget.
This is the second time the two are facing these charges with the first in May 2022.
It is alleged that the duo without any unlawful excuse at an assembly; addressed members of the public implying that it would be desirable for them to demonstrate, yet this act can result in violence and destruction of property.
However, the two have since denied the charges.
