The court held that the substantial question that
arose from the pleadings was whether the
failure to release the detainees on bail after the
constitutional time limit for remand in custody
was unconstitutional. That article 23 applies to
everyone awaiting trial for a criminal offence
without exception. That the proposition that a
person awaiting trial in the General Court
Martial is in respect of bail, governed only by
the provisions of the UPDF Act and not by the
Constitutional provisions is based on wrong
principles and is untenable. That the UPDF Act
couldn’t erode the meaning of article 23.