By KT Reporter
High Court Judge Emmanuel Baguma has declined to grant bail to Agaba Anthony, commonly known as Bobi Young, a National Unity Platform supporter, arguing that his case is not properly before his court.
In his ruling, Baguma said for the court to entertain a bail application, the accused must have gone through the normal charging procedures. “I am alive to the Supreme Court decision in the case of Attorney General Vs Hon Micheal Kahaziguruka, constitutional appeal No. 2 of2021, where the Supreme Court barred trials of civilians in the General Court Martial and ordered for transfer of cases to a civil court.
In this application, there has not been a transfer of cases in a civil court to enable this court to handle the bail application. Article 120 (3) (b) of the Constitution provides for how a person can be charged in Civilian courts. Under section 42 of the Magistrates Courts Act, if somebody has not been charged in the Civilian court by the DPP or private prosecution, one cannot apply for bail since there would be no pending case in the Civil Court. A court of law cannot take cognisance of a criminal matter which has not been placed before it by the DPP or private prosecutor as provided for under Article 120(3) (b) of the Constitution,” Baguma ruled.
Bobi Young was arrested on June 4th 2024, and charged with unlawful possession of Defence Stores contrary to section 160(1) (2) of the UPDF Act. He was charged in the court martial and remanded to Luzira Prison since then. In his application for bail, Bobi Young argued that whereas the Supreme Court delivered a ruling barring the trial of civilians in the Court Martial and ordered that files be transferred to civil courts, he has never appeared before the court again.
He argued that because he has spent more than 180 days on remand, he automatically qualifies for bail. But the Director of Public Prosecutions opposed the application on the ground that Bobi Young is charged with a serious offence and he should adduce cogent evidence to prove that he will not abscond from court when released on bail.
The DPP also argued that Bobi Young had not demonstrated exceptional circumstances on which court to base to grant him bail. But in his ruling, Judge Baguma, who a few days ago also denied Dr Kizza Besigye and his co-accused Hajji Obed Lutale bail, didn’t base his decision on the issues the DPP based to object to the bail application.
The judge said that because Bobi Young was charged by the Court Martial, the High Court has no locus to entertain the bail application.
“My understanding is that where as the High Court has Jurisdiction to grant bail, it can only take cognisance of a criminal matter which is rightly before it as per the Constitution…T herefore, this means that, where the DPP has not exercised its constitutional mandate to prosecute a person before a Civilian Court, the High Court lacks the basis upon which to entertain a bail application…Where a person is not subject to a criminal prosecution by the DPP before a civilian court, the remedy lies elsewhere, not bail. Otherwise, he or she will be pursuing wrong reliefs disguised in bail…It is my considered view that bail falls where there is a charge or where there is a pending case in Civil Court; otherwise, the applicant should seek other remedies but not bail,” Baguma ruled.
Dr Kizza Besigye and Hajji Obeid Lutale had applied for Judge Baguma to recuse himself from hearing their case, arguing that he is conflicted. However, Baguma declined to recuse himself from hearing the matter. In response, Besigye said he will never appear before Baguma.
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