Bail for 49 NUP: Military Court Terms Are Unconstitutional – Muwada Nkunyingi


Even when l disagree with the Jurisdiction of the Military Court to try the NUP members currently charged therein, I’m alive to the Strict standard of Innocence presumption for any accused person including the NUP-49.

The Right to BAIL is premised on the presumption of innocence.” Every accused person tried of an Offence is Presumed innocent until proved by or he/she pleads Guilty before a Competent Court of Law”.

Not even a Military Court should deviate from strict legal standard however enticing the charge sheet or indictment may look. GRANTING BAIL and Courts Discretion in exercising so resonate with granting an accused freedom to attend trial as a free& innocent person. Such freedom should not appear as releasing an accused from a gazated prison to a non gazated prison.

Restricting movement of accused persons granted Bail tends to appear as setting them free from prison and detaining them from their homes. That has never been the essence and rationale of Bail within the meaning and wording of our 1995 Constitution.

An accused must on receiving bail equally freely move to secure any relevant piece of evidence to prove his/her innocence. If the accused need evidence from Kalangala & you restrict them in Kampala,that would amount to unfair trial. Bail terms should resonate with essence in law not in policing. Further to the others,Justice delayed is Justice denied,meaning Denying an accused person bail or delaying such consideration Denys him or her justice.

Once a ruling is given ,an accused regain the right to reapply or even appeal the ruling. The NUP 49 need justice and to say the least quick justice. I’m alive to the fact that if the Military Court chooses to follow the law, then justice is achievable as setting all free and dismissing charges on all are among the available options.

Away from the legal rhetoric ,your prayers as the Public are indeed honored by GOD,Continue praying for the accused NUP-49 & for our Country Uganda. Its no longer safe at home,on the road,in court ,in institutions & everywhere. Indeed justice is not mere pronouncement BUT THE MODE & CONTENT. Waiting to release the sick shall never mitigate the damage, Release all now when alive,Bail is never tagged on health but presumption of innocence & all are innocent till proved Guilty.

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