Law
High Court Denies Bail to Political Activist Bobi Young, Citing Lack of Civilian Charges
Political activist Anthony Agaba, widely known as Bobi Young, will remain in custody after the High Court ruled against his bail application, noting that no formal charges have been filed against him in a civilian court.
Justice Emmanuel Baguma delivered the ruling, emphasising that the court lacked the legal foundation to entertain the application. “Bail can only be considered where there is a pending case properly filed in a civilian court. In this instance, there is none,” he said.
Agaba has been detained at Luzira Upper Prison since June 4, 2024, following his arrest and arraignment before the General Court Martial on allegations of unlawful possession of defence stores under the UPDF Act. He denies all charges.
Through his lawyers, Agaba argued that he had already spent over the constitutional threshold of 180 days on remand without a trial date. He cited the Supreme Court’s earlier ruling that civilians should not be tried in military courts, urging that his case be transferred to a civilian court. In an affidavit filed from prison, he highlighted that he has never appeared before a court of record and pointed to his fixed address in Mutungo, Kampala, along with notable sureties willing to guarantee his presence for trial.
The prosecution opposed the bail application. Senior State Attorney Amerit Timothy, in a sworn affidavit, described the charges as serious and argued that Agaba had not shown exceptional grounds for release, also citing a risk that he might flee if freed.
While acknowledging that bail is a constitutional right, Justice Baguma stressed that the court’s jurisdiction depends on a valid case filed by the Director of Public Prosecutions (DPP) or through private prosecution. “A court cannot entertain a bail application for a matter not properly brought before it,” he said, referencing past and recent judgments.
The judge concluded that Agaba must await any potential prosecution before a civilian court. “With no charge pending in a civilian court, there is no legal basis to release the applicant,” Justice Baguma ruled, dismissing the application.
Agaba’s continued detention underscores the ongoing issue of delays in transferring civilian cases from military courts, despite Supreme Court directives. For now, he remains at Luzira Prison as he awaits any developments regarding the filing of charges in a civilian court.
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