Charles Onyango and Anor v Attorney General (Constitutional Petition No. 15 of 1997)

Constitutional Court · [1997] UGCC 7 · 1997 Petition Stayed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Constitutional petition under Article 137 challenging the constitutionality of a pending criminal prosecution; preliminary question whether the petition should proceed.

Decision

Petition stayed pending determination of the pending criminal case.

The full judgment

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Cited — treatment unverified cited in 10 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The petitioners, charged under s.50(1) of the Penal Code Act for publication of false news, petitioned under Article 137 alleging that the prosecution was unconstitutional and sought to be released from it. The court found that the petition was intended to circumvent or pre-empt the pending criminal prosecution. Following Arutu John v Attorney General, it held that where criminal proceedings are pending in another court and a petition is brought concerning the same matter, the petition should be stayed pending determination of the criminal trial. The petition was accordingly stayed pending the criminal case, with a direction that the trial proceed as quickly as practicable, and no order as to costs.

Facts

On 24 October 1997 the petitioners were jointly charged by the DPP in the Magistrates Court under s.50(1) of the Penal Code Act with publication of false news, on two counts. That criminal case remained pending. On 24 November 1997 the petitioners brought this constitutional petition under Article 137, seeking a declaration that the DPP's act of prosecuting them was inconsistent with Articles 29(1)(a),(b),(e), 40(2) and 43(2)(e) of the Constitution, an order releasing them from the criminal prosecution, and a declaration that they were entitled to damages for unconstitutional prosecution. The court raised, as a preliminary matter, whether the petition should proceed given the pending criminal case.

Issues

Whether a constitutional petition should proceed where criminal proceedings concerning the same matter are already pending against the petitioners in another court.

Orders

Petition stayed pending determination of Buganda Road Court Criminal Case No. U 2636/97 against the petitioners.
The criminal trial to be conducted as quickly as practicable.
No order as to costs.

Key headnotes

Constitutional Law — Constitutional Petitions — Stay Pending Criminal Proceedings on the Same Matter

Where criminal proceedings are pending in another court and a constitutional petition is brought concerning the same matter, the petition should be stayed pending determination of the criminal matter in the trial court.

Legislation cited (6)

Constitution of Uganda Article 137
Constitution of Uganda Article 29(1)(a),(b),(e)
Constitution of Uganda Article 40(2)
Constitution of Uganda Article 43(2)(e)
Penal Code Act s.50(1)
Fundamental Human Rights and Freedoms (Enforcement Procedure) Rules 1992 (S.I. No. 26/92)

Cases cited (1)

Arutu John v Attorney General (Constitutional Petition No. 4 of 1997)

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.