Lukwago remanded until Monday, Prisons ordered to provide orthopaedic mattress
The Makindye Chief Magistrate’s Court has remanded Erias Lukwago to Luzira Murchison Bay Prison until Monday, June 22, pending a ruling on his bail application.
The court also directed prison authorities to consider his medical conditions and allow his family to arrange an orthopaedic mattress for him.
The court took into consideration an array of medical concerns raised by the defence team, including a damaged spinal disk which the former Lord Mayor reportedly suffered during detention.
The lawyers informed court that Lukwago was in "excruciating pain” after he was forced to sleep on the floor for only 20 minutes, by his captors.
The charges
Lukwago appeared before court on Wednesday and was charged with Misprision of Treason. He denied the charge.
According to the charge sheet, Lukwago and others still at large allegedly knew about plans to commit treason between 2021 and November 2024 in Kampala and Nairobi, Kenya.
The charge names Joel Wakayima, Frank Atukunda, Hajj Obeid Kamulegeya Lutale and Dr Kizza Besigye among the people allegedly involved in the plans.
The prosecution alleges that Lukwago failed to report the alleged plans to a minister, administrative official, magistrate or officer in charge of a police station. It also accuses him of failing to take reasonable steps to prevent the alleged treason.
The state told the court that investigations were still ongoing and asked for more time.
Bail application
Sseggona proceeded to apply for Lukwago’s release on bail, arguing that bail was his constitutional right.
He said Lukwago had a permanent home in Wakaliga, Rubaga Division, where he lived with his wife and children. His residence was also known to the state.
The defence said Lukwago was a practising advocate and had undertaken to attend court whenever required and comply with all bail conditions.
His lawyers presented Gulu City Woman MP Betty Aol Ocan, Michael Lulume Bayigga and Mukono Municipality MP Betty Nambooze Bakireke as sureties.
The prosecution asked the defence to provide copies of introduction letters for the first two sureties.
Lawyers cite fragile health
Sseggona told court that Lukwago suffered from several medical conditions that required specialised treatment and constant monitoring.
He said Lukwago suffered from gastritis and needed specialised meals under the supervision of medical personnel.
The court heard that Lukwago had to eat small portions at prescribed intervals and take medication after the meals under medical supervision.
Sseggona also said Lukwago required regular monitoring of his blood pressure and oxygen levels.
The defence said Lukwago had previously suffered a herniated disc involving the C5 and C6 vertebrae in his neck. He underwent surgery in Delhi, India, where doctors inserted a metal implant.
Sseggona alleged that the injury worsened during Lukwago’s arrest and detention, leaving him in severe pain and requiring urgent neurological treatment.
The defence also said Lukwago suffered from respiratory complications and needed a well-ventilated environment and regular medical observation.
Sseggona said Lukwago’s hypertension had worsened during the two days preceding his court appearance.
He told court that a blood pressure reading taken about an hour before the hearing stood at 217/100, which he said placed Lukwago at risk of suffering a stroke.
The lawyer alleged that Lukwago suffered a hypertension crisis while in military custody and was taken out of the facility after his condition deteriorated.
He said a doctor stabilised Lukwago by administering medicine under his tongue before he was transferred to a police station.
The defence said Uganda’s medical board had previously referred Lukwago for specialised treatment in Nairobi and India.
His lawyers also said he had dietary restrictions and prescribed daily walking routines. They argued that standard prison meals, including posho and beans, could worsen his condition.
Sseggona told court that Lukwago was 56 years old, had no criminal record and had never absconded after being granted bail in previous cases.
The prosecution did not immediately respond to the bail application. It asked for time to verify the medical documents and information concerning the sureties.
The state, however, agreed with the defence’s request for Lukwago to receive medical care and have access to an orthopaedic mattress if remanded.
The magistrate gave the prosecution until Friday, June 19, to respond to the bail application. The defence will file its rejoinder electronically on Saturday, June 20.
The court will deliver its ruling on Monday, June 22.
“Counsel Medard has ably applied for bail, and the state has not responded to the same. They say they need to verify some documents for the medical conditions,” the magistrate said.
The magistrate remanded Lukwago to Murchison Bay Prison because the facility has a hospital.
“The prison authorities are directed to take into account his medical conditions. He is remanded to Murchison Bay Prison because that is where the hospital is,” the magistrate ruled.
The court also directed Lukwago’s family to engage prison authorities and arrange for the orthopaedic mattress.