Dr. Kizza Besigye & Others v Attorney General (Constitutional Petition No.7 Of 2007) [2010] UGCC 6

The petitioners are civilians accused of acts of treason and misprision of treason committed between 2001 and 2004. The petitioners, together with 12 co-accused who have since been discharged, were committed to the High Court for trial. The High Court granted the 2nd to 9th petitioners and 6 of the discharged co-accused conditional bail. To prevent the release on bail, various officials, authorities and agencies of the State deliberately and systematically committed acts which contravene several provisions of the Constitution and which are severally and cumulatively calculated to gravely prejudice the petitioners’ joint and several rights to a fair trial on any charges arising out of or in any way connected with the allegation of a plot to overthrow the Government of Uganda by force of arms between 2001 and 2004. The first petition for an order sought for a stay of all relevant criminal proceedings in all the courts succeeds. The second petition for an order permanently prohibiting the State from using the process of any court, military or civilian so as to initiate and prosecute the petitioners in connection of the alleged plot to overthrow the Government of Uganda by force of arms between December 2001 and December 2004.

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