"Justice Is Not Politics, Besigye’s Popularity Shouldn’t Decide Bail," CJ Owiny Dollo Warns

Chief Justice Alfonse Owiny-Dollo has called on Ugandans to separate politics from justice, warning that courts should not be influenced by the popularity of politicians when making legal decisions. His remarks were directed at the ongoing debate over repeated bail applications by opposition leader Dr. Kizza Besigye.

Besigye, together with his co-accused Sheikh Obeid Lutale, is facing treason charges and has been in detention since November 2024. Despite applying for bail four times, different courts in Kampala have rejected his requests. His next bail hearing is scheduled for next month.

While delivering a keynote speech at the 8th Benedicto Kiwanuka Memorial Lecture in Kampala, Justice Owiny-Dollo explained that the Constitution gives every Ugandan the right to apply for bail, but it does not guarantee automatic release.

“The Constitution gives the judicial officer discretion to determine whether or not to offer bail. That cannot be a fight. It is not politics, it is the law,” the Chief Justice emphasized. He stressed that the judiciary must remain impartial, applying the law fairly without bending to political pressure.

He also criticized lawyers who turn bail hearings into political dramas. According to Dollo, even in cases of mandatory bail, where suspects spend longer on remand than the law allows, the courts still have powers to set terms. “It is not like you have spent five years, then you just go home,” he said.

The Chief Justice further explained that Besigye should be treated like any other Ugandan before the law. He warned that granting him bail simply because of his huge following would set a dangerous precedent. “It would be very dangerous to grant bail or acquit Dr. Besigye, assuming there is evidence, simply because too many people follow him,” Dollo warned.

His comments were in response to former Uganda Law Society president Francis Gimara, who raised concerns over inconsistent bail rulings. Gimara argued that how the judiciary handles Besigye affects how Ugandans perceive the entire justice system. “Whether we like him or not, he represents a significant number of Ugandans,” Gimara said.

Speaker of Parliament Anita Among, who represented President Yoweri Museveni at the lecture, praised the judiciary for its independence. She reassured the audience that the President never interferes with court rulings, saying, “The President requests, he never commands. Nobody will ever come and tell you to make a judgment for political results.”

Justice and Constitutional Affairs Minister Norbert Mao also addressed the gathering. He hailed the late Chief Justice Benedicto Kiwanuka as a patriot and a model of judicial excellence. Mao reminded judicial officers to balance independence with accountability, ensuring that justice is both fair and accessible to ordinary citizens.

Attorney General Kiryowa Kiwanuka cautioned against the growing trend of attacking judges on social media, describing it as a form of intimidation. He said such online abuse undermines the independence of the judiciary. Meanwhile, Gimara also pointed out the disturbing issue of suspects appearing in court with visible signs of torture, despite the Anti-Torture Act prohibiting such treatment.

The Benedicto Kiwanuka Memorial Lecture, held annually in honor of Uganda’s first Chief Justice who was abducted and killed in 1972, served once again as a reminder of the importance of justice, fairness, and the delicate balance between law and politics in Uganda today.

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