Buganda Road Magistrate's Court: Defers Uganda Anti-Oil Activists Bail Ruling

• Uganda's Buganda Road Magistrate's Court postponed a bail ruling for four anti-oil activists and adjourned a hearing for ten others to November 16.
• The activists, members of Rooted in Resistance, have been held in pre-trial remand for nearly 70 days without the prosecution presenting witnesses.
• During court proceedings, activist Dorothy Asio collapsed after reportedly going on a hunger strike, prompting the magistrate to order a medical examination and report.
• Lawyers Samuel Wanda and Kugonza Musimbi expressed frustration over repeated court adjournments hindering the activists' release despite submitted documents.
• The activists were arrested for protesting Uganda's oil development plans and seeking reforms in oil policies due to environmental concerns.

The activists have now endured approximately 70 days in pre-trial remand, during which period the prosecution has yet to present any witnesses.

The Buganda Road Magistrate's Court has deferred its decision on a bail request for four anti-oil activists, simultaneously postponing the hearing for a separate application concerning ten other individuals. Both matters are now scheduled to be heard on November 16. These activists, all affiliated with the group Rooted in Resistance, were apprehended on two separate occasions, August 10 and August 31, as they attempted to march towards Parliament. Their objective was to present a petition advocating for changes in Uganda's oil policies and investment priorities.

Magistrate Rophine Achayo presided over the applications on Monday. The ruling for the initial four activists was not prepared, leading to its postponement. Concurrently, the prosecution sought additional time to formulate a response to the bail application submitted for the ten other activists. Samuel Wanda, who serves as their legal counsel, expressed the defense team's disappointment, noting they had attended court on Monday with the expectation that all fourteen individuals would be released.

The defense had initially sought bail for the first four activists before submitting a distinct application for the remaining ten. The prosecution's request for more time was specifically to address this second application and to verify documents provided by the defense. Wanda highlighted that the activists have now endured approximately 70 days in pre-trial remand, during which period the prosecution has yet to present any witnesses. This extended detention without the presentation of evidence underscores a significant procedural challenge.

Kugonza Musimbi, another attorney representing the group from Liberty Pro Bono Initiative, further emphasized the difficulties faced. Musimbi noted that repeated adjournments by the court have consistently hampered efforts to secure the activists' release, despite the defense having duly submitted all necessary documents and sureties. This pattern of delays prolongs the pre-trial phase, raising concerns about the efficiency and fairness of the judicial process in such cases for Uganda anti-oil activists.

A critical development during Monday's proceedings involved Dorothy Asio, a student from Kyambogo University and one of the accused, who collapsed in the dock. Musimbi revealed that Asio had initiated a hunger strike prior to this incident. The lawyer also pointed out Asio's family responsibilities, including caring for children, questioning the continued detention given the defense's readiness to secure her release on bail.

Following Asio's collapse, Magistrate Achayo promptly mandated a medical examination for her. The court directed prison authorities to compile and submit a comprehensive report on Asio's medical condition. Separately, Samuel Wanda indicated that the defense had received unverified information from a prison officer suggesting Asio might be suffering from ulcers. The magistrate's order specifically requires this medical report to be considered as part of her ongoing bail application, signaling a judicial acknowledgment of her deteriorating health.

The arrests of these activists stem from their participation in protests against Uganda's broader oil development initiatives. The Rooted in Resistance group has consistently voiced significant concerns regarding the potential environmental repercussions of these large-scale projects. Their attempt to deliver a petition to Parliament was a direct action aimed at influencing national policy, specifically seeking reforms in the country's approach to oil exploration and the allocation of related investments. This underlying motivation highlights the activists' commitment to environmental advocacy and policy change.

This development highlights the procedural challenges and potential for prolonged pre-trial detention faced by activists in Uganda, even when bail applications are underway. Lawyers representing clients in similar politically sensitive cases should be prepared for court adjournments, be proactive in documenting and addressing detainees' medical conditions, and be ready to argue against extended pre-trial remand periods.

Source: Original reporting via Nile Post.