The Uganda People’s Defense Forces General Court Martial in Makindye has granted bail to businessman Francis Bruno Bazibu who is facing charges of illegal possession of ammunition.
Bazibu was arrested from Okello House in Kampala on October 31st 2020 by the Special Forces Command-SFC.
His relatives led by the wife Phionah Namazzi searched for him in several detention centers in vain. As a result, they petitioned the High Court Civil Division on November 17, 2020, to compel the state to produce Babizu dead or alive.
Subsequently, Justice Emmanuel Baguma directed the Attorney General and security agencies to produce Bazibu before the court on November 30, 2020.
The State defied the orders only to produce Bazibu before the UPDF General Court Martial chaired by Lt. General Andrew Gutti on December 10th, 2020 for illegal possession of ammunition.
The military court heard that while at Bugembe village in Busiro, Wakiso district on November 11, 2020, Bazibu was found in illegal possession of one AK 47 bullet, which is ordinarily the monopoly or armed forces. He pleaded not guilty to the changes and was remanded to Kitalya prison before being taken back to Makindye Military Barracks.
However, through his lawyers led by Umar Lukwago, he applied for bail in the General Court Martial on grounds that its his constitutional right to apply for bail , that the charges against him are bailable and that he is gravely ill suffering from hepatitis and that he has breathing complications.
According to Bazibu he is also a the sole bread winner at his home and that he has substantial sureties.
He presented his wife Phionah Namazzi and Nansana East 2A Local Council Chairperson Henry Munkwate as his sureties.
However the Prosecutors opposed the application arguing that he didn’t bring any proof to show that his medical condition cannot be managed inside the prison.
These also noted that investigations into the charges against Bazibu are on going and if released, there’s a likelihood that he will interfere with investigations.
However, in his ruling, the Court Martial Chairperson Gutti has indicated that there is merit in Bazibu’s application and subsequently released him on a non cash bail of 10 million and his sureties bonded at 20 million Shillings also not cash.
Gutti has also ordered Bazibu to deposit his passport with Court and not to travel beyond Kampala and Wakiso Districts without the permission from the Court Registrar whom he will also be reporting two twice every after 14 days.
Speaking to Uganda Radio Network, Bazibu’s relatives were happy with the decision and his brother John Bosco Mubitu appealed to President Yoweri Museveni to release all political prisoners facing trial in the General Court Martial.
On January 25th 2022 , the High Court Judge Musa Ssekaana issued an order that Bazibu should be immediately transferred to a civil prison saying that his detention at Makindye Military Police Barracks was illegal since he is a civilian.
The order was yet to be implemented.
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