ULS hits back at Museveni over bail, Besigye trial remarks

Kampala, Uganda: The Uganda Law Society (ULS) has sharply criticised President Museveni over his latest remarks on bail and the ongoing criminal trial of opposition figure Dr Kizza Besigye, describing the President’s comments as unconstitutional and an attack on judicial independence.

In a statement issued on Saturday, shortly after Museveni’s national address, ULS President Isaac Ssemakadde said the President’s public comments on Besigye’s case amounted to executive interference in an active judicial process and called on the Chief Justice and the Judiciary to publicly denounce the remarks.

The legal body argued that Museveni’s comments on the pending proceedings against Besigye violated the sub judice rule by publicly discussing the accused’s motives, conduct and the merits of a matter that remains before court.

“President Museveni’s address constitutes clear sub judice contempt of court,” Ssemakadde noted, adding that the remarks prejudice Dr Besigye’s constitutional right to a fair hearing.

The response follows Museveni’s national address in which he questioned why Besigye had allegedly “refused trial” since his arrest in November 2024 and argued that some suspects should not receive bail where they pose a risk of interfering with witnesses. The President also signalled support for tougher bail laws as part of what he described as a broader campaign against impunity and crime.

However, ULS rejected the President’s position, insisting that bail is a constitutional judicial function that cannot be directed by the Executive.

The lawyers’ body said any blanket policy abolishing bail would violate Articles 23 and 28(3)(a) of Uganda’s Constitution, which guarantee personal liberty and the presumption of innocence until proven guilty.

ULS further argued that such a move would also breach Uganda’s obligations under several international legal instruments, including the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules), the African Commission’s Luanda Guidelines and the UN Basic Principles on the Independence of the Judiciary, all of which require pre-trial detention to remain an exceptional measure of last resort.

According to the Society, continued public commentary by the President on ongoing court proceedings undermines confidence in the Judiciary and threatens its constitutional independence.

“Banning bail will not protect witnesses. It will instead punish the innocent and shield systemic failures from scrutiny,” the statement says.

Three Demands

The Uganda Law Society outlined three immediate demands arising from the President’s address. First, it called on President Museveni to immediately cease commenting publicly on active court cases, including Besigye’s trial, and refrain from making statements that could influence judicial outcomes.

Secondly, it urged the Judiciary, including the Chief Justice and judicial leadership, to publicly condemn what it termed executive interference, citing the recent stance taken by Magistrate Sheilla Gloria Atim in Uganda v. Miria Matembe as an example of judicial independence.

Thirdly, ULS wants the Government to address what it described as the real challenges facing Uganda’s justice system, including judicial delays, political persecution, corruption, weak witness protection mechanisms and military or executive interference in legal processes.

Article 23 of Uganda’s Constitution guarantees the right to apply for bail, although courts retain discretion to determine whether an accused person qualifies based on the circumstances of each case. In recent years, proposals to amend bail laws have generated significant public debate, with supporters arguing the reforms would strengthen criminal justice while critics warn they could weaken constitutional safeguards and civil liberties.