Wakilii

Andrew Adimola v Uganda (MXSC, CRIMINAL APPLICATION NO. 9 1992 (Original Criminal Case No. 410 of Buganda Road Court))

High Court · [1992] UGHC 129 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application to the High Court following committal for trial for treason
Decision
Applicant released on bail pending trial for treason

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the applicant, aged over 66 years and charged with treason, satisfied the exceptional circumstances requirement under s.14A(2)(d) (advanced age) for bail. The court found the applicant had a fixed place of abode, sound sureties, a clean bail record, and no evidence he would abscond or interfere with witnesses. The court rejected the state's unsubstantiated allegations. Bail was granted with conditions including cash deposit, sureties, passport surrender, and regular reporting.

Outcome

Applicant released on bail pending trial for treason

Facts

The applicant, Andrew Adimola, aged 66, was charged with treason alongside four co-accused. The offence was allegedly committed between 1988 and 1991 in Gulu and Kampala Districts. On 17 January 1992, he was committed to the High Court for trial. By virtue of s.16(4) of the Magistrates' Courts Act, his bail granted in June 1991 lapsed upon committal. He applied for restoration of bail on grounds of advanced age and ill health. The state opposed, arguing he would abscond given the capital charge and that he might interfere with witnesses. The applicant offered his eldest daughter, Beatrice Adimola, and two other persons as sureties, and testified he had complied with all previous bail conditions without absconding.

Issues

  1. Whether the applicant satisfied the exceptional circumstances requirement under s.14A of the Trial on Indictment Decree to be granted bail.
  2. Whether the applicant was likely to abscond if released on bail.

Orders

  • Application for bail granted.
  • Applicant to deposit cash bail of Shs.200,000/= with the court.
  • Two sureties required, each to sign a bond of Shs.25,000,000/= (not cash). Miss Beatrice Adimola approved as one surety; second surety to be satisfied by the Registrar.
  • Applicant's passport to be deposited with the court and not released until determination of the case without a court order.
  • Applicant not to leave the court's jurisdiction without a formal court order.
  • Applicant to report to the Registrar every two weeks starting 24 February 1992 until disposal of the case or until another court order.

Rules and key headnotes

Bail — Exceptional Circumstances — Advanced Age
Under s.14A of the Trial on Indictment Decree as amended by Statute No. 5 of 1985, a person accused of an offence triable only by the High Court shall not be granted bail unless he proves exceptional circumstances justifying his release and that he will not abscond. Advanced age, defined under s.14A(2)(d), constitutes an exceptional circumstance. An age between 50 and 55 years may be regarded as advanced age for purposes of a bail application.
Bail — Likelihood of Absconding — Fixed Place of Abode
When considering whether an accused is likely to abscond, the court must consider whether the accused has a fixed place of abode within the jurisdiction of the court. Courts cannot ignore a statutory requirement on mere allegations. In the absence of evidence to dispute the applicant's statement that he has a fixed place of abode, the court will find this requirement satisfied.
Bail — Sound Sureties — Family Member as Surety
A responsible adult family member employed in a civil service position may be accepted as a sound surety for bail purposes, particularly where the relationship suggests the surety is in a position to ensure the accused will comply with bail conditions.
Bail — Interference with Witnesses — Burden of Proof
Allegations that an accused will interfere with witnesses must be proved by the prosecution. In the absence of evidence supporting such allegations, courts will not act on mere speculation. Under Rule 2 of the Criminal Procedure (Applications) Rules (Statutory Instrument No. 41-1), applications to the High Court in criminal cases supported by evidence must be accompanied by affidavit, and this requirement applies to both applicants and respondents.
Bail — Presumption of Innocence — Balance of Interests
When granting bail, the overriding consideration is whether it is probable that the accused will appear to take his trial. The interest of society to see justice done must be weighed against that of the accused. Every accused person is presumed innocent until proved guilty. The law allows bail because if the accused is found innocent, there is no remedy for the years spent in prison on remand.

Legislation cited (6)

  • Trial on Indictment Decree s.14A
  • Trial on Indictment Decree s.14A(2)(d)
  • Magistrates' Courts Act s.16(4)
  • Statute No. 5 of 1985
  • Courts (Rules) Act
  • Criminal Procedure (Applications) Rules Rule 2 (Statutory Instrument No. 41-1)

Cases cited (3)

  • Misc. App. No. 242/86
  • Fransco Lwanga v Uganda (Miscellaneous Application No. 307 of 1987)
  • Panju Vs. R/79737

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Andrew Adimola v Uganda (MXSC, CRIMINAL APPLICATION NO. 9_1992 (Original Criminal Case No. 410 of Buganda Road Court)) [1992] UGHC 129 (11 February 19
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.