Uganda Law Society (ULS) President Isaac Ssemakadde has sharply criticised President Yoweri Museveni’s recent stance on bail, insisting that the right to bail is constitutionally protected and should not be subjected to executive interpretation.
Ssemakadde’s response follows Museveni’s Saturday night address in which the president argued that some suspects, particularly those accused of serious crimes, should be denied bail to prevent interference with witnesses and protect the integrity of investigations.
In a statement, Ssemakadde rejected the president’s position, anchoring his argument on Article 23(6) of the 1995 Constitution.
“Yoweri Kaguta Museveni, bail is a constitutional right, not a presidential privilege. Article 23(6) of the 1995 Constitution presumes bail unless the court finds compelling reasons otherwise,” Ssemakadde stated.
He emphasised that decisions on bail rest solely with the judiciary, warning against what he described as attempts to shift legal authority from courts to the executive.
According to him, allegations such as witness intimidation must be handled within the legal framework.
“Intimidation of witnesses is a serious allegation, but it must be proved by evidence before a court, not proclaimed from State House Uganda like a decree. Due process isn’t a suggestion; it’s the floor,” he added.
Ssemakadde further cautioned against what he termed as selective application of justice, arguing that it risks undermining the rule of law and democratic principles.
“Selective application of justice is the very definition of tyranny. If witnesses are afraid, protect them — don’t punish the accused pre-conviction. That’s not justice; that’s pre-judgment wearing a suit,” he said.