“..f**k the state..f**k you Museveni..f**k you Janet…f**k you justice Elizabeth,”angry Makerere University academician Dr. Stella Nyanzi said on being sent back to Luzira prison till May 10, 2017.
This was after High Court Judge, Elizabeth Kabanda, who is hearing the case only recommending that Magistrate’s court “expeditiously” hears her bail application.
Justice Elizabeth Kabanda delivering her ruling in review of Dr. Nyanzi’s case on Wednesday said the magistrate at Buganda Road acted in error after the jailed activist took plea and not allow her to apply for bail.
Justice Kabanda said; “The applicant’s counsel (led by Nicholas Opiyo) contended that and I agree, that Dr. Stella Nyanzi was supposed to be guaranteed right to seek for bail after the plea.”
“The magistrate has the power to order an inquiry into the mental condition of any person, whether accused or not.”
“I, therefore, agree that an accused person has the right to be presumed innocent, apply for bail, among other rights.”
Dr. Nyanzi was today challenging the manner in which she was remanded to Luzira prison on April 10, by Buganda Road Court chief magistrate James Ereemye, without entertaining her bail application.
But after today’s ruling, Dr. Nyanzi is to stay on remand until the Buganda Road court disposes off state’s application for mental status whose outcome will enable her exercise her right to apply for bail.
Nyanzi’s troubles stem from her for referring to President Yoweri Museveni as “a pair of buttocks” in a Facebook post. It is alleged that her online comments contravened the 2011 Computer Misuse Act and that she engaged in “cyber harassment” and “offensive communication”.
