Wakilii

Hon. Nandutu Agness v Attorney General (Constitutional Application 9 of 2023)

Constitutional Court · [2025] UGCC 14 · 2025 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application in the Constitutional Court for a temporary injunction and/or stay of criminal proceedings, arising from a pending constitutional petition
Decision
Application for a temporary injunction and/or stay of criminal proceedings dismissed; the criminal prosecution may proceed pending determination of the constitutional petition

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Holding

The Constitutional Court dismissed the applicant's bid for a temporary injunction and/or stay of her corruption prosecution pending her constitutional petition. Courts treat injunctions against public authorities with caution; they should be slow to restrain a public body such as the DPP from exercising constitutional functions under Article 120(3), and cannot grant an injunction suspending the operation of valid legislation. The power to stay criminal proceedings is exercised sparingly and only in exceptional circumstances or in the public interest, requiring a high and stringent standard. A pending constitutional petition is not by itself a sufficient ground, and the applicant had adequate remedies on determination of the petition. The application failed and was dismissed.

Facts

The applicant, a Member of Parliament and former Minister of State for Karamoja Affairs, was charged in the High Court (Anti-Corruption Division) with dealing with suspect property contrary to section 21A(1) of the Anti-Corruption Act, 2009 (as amended), in respect of pre-painted iron sheets marked "Office of the Prime Minister" recovered from her farm. She filed Constitutional Petition No. 13 of 2023 challenging the constitutionality of section 21A and of the charge, and brought this application for a temporary injunction and/or stay of the criminal proceedings pending the petition's disposal. She contended the prosecution under an allegedly unconstitutional, imprecise provision that reverses the burden of proof would subject her to an unfair trial causing irreparable injury. The respondent argued that stay of criminal proceedings is a grave step granted only in exceptional circumstances, that criminal and civil proceedings may run concurrently, that the matter is one of public interest concerning misuse of funds meant for vulnerable people of Karamoja, and that no sufficient ground for a stay had been shown.

Issues

  1. Whether the application satisfies the conditions for the grant of a temporary injunction and/or a stay of the criminal proceedings against the applicant in the High Court (Anti-Corruption Division) Criminal Case No. AA 0037 of 2023, pending disposal of the related constitutional petition.

Orders

  • Application dismissed.
  • No order as to costs.

Key headnotes

Injunctions — Temporary Injunctions Against Public Authorities — Public Interest as a Paramount Consideration
Temporary injunctions against public authorities are treated with caution and circumspection; where a public function exercised for the beneficial interest of the public at large would be delayed or prevented, the interest of the public at large must prevail over the interest of an individual.
Injunctions Against Public Bodies — No Injunction Suspending the Operation of Legislation
A court cannot, as a matter of law, grant an injunction which has the effect of suspending the application and operation of legislation; a public body should not be restrained from doing what the law mandates unless the applicant establishes a prima facie case that the authority is acting unlawfully.
Stay of Criminal Proceedings — Exceptional Circumstances — High and Stringent Standard
The power to stay criminal proceedings is exercised judicially, sparingly and only in exceptional circumstances or in the public interest; the test is high and stringent, and a pending constitutional petition is not by itself a sufficient ground for a stay.
Restraining the Director of Public Prosecutions — Constitutional Functions Under Article 120(3)
A court should be reluctant to restrain the Director of Public Prosecutions from exercising the constitutional prosecutorial powers conferred by Article 120(3); a valid statute must be applied and enforced unless and until it is declared unconstitutional.
Stay of Criminal Trials Pending Constitutional Petition — Availability of Adequate Remedies
A constitutional court will not delve into the propriety of criminal proceedings before pronouncing on the constitutional questions raised, where the applicant has adequate remedies, including quashing the criminal proceedings or declaring them unconstitutional, on determination of the petition.

Legislation cited (21)

  • Constitutional Court (Petitions and References) Rules, S.I. 91 of 2005, rule 10
  • Constitutional Court (Petitions and References) Rules, S.I. 91 of 2005, rule 23(1)
  • Civil Procedure Act s.98
  • Civil Procedure Act s.64(c)
  • Civil Procedure Act s.64(e)
  • Judicature Act s.33
  • Judicature (Court of Appeal Rules) Directions, S.I. 13-10, rule 2(2)
  • Judicature (Court of Appeal Rules) Directions, S.I. 13-10, rule 6(2)(b)
  • Judicature (Court of Appeal Rules) Directions, S.I. 13-10, rule 43(1)
  • Judicature (Court of Appeal Rules) Directions, S.I. 13-10, rule 43(2)
  • Judicature (Court of Appeal Rules) Directions, S.I. 13-10, rule 44
  • Anti-Corruption Act, 2009 (as amended) s.21A(1)
  • Anti-Corruption Act, 2009 (as amended) s.21A(2)
  • Anti-Corruption Act, 2009 s.21
  • Anti-Corruption (Amendment) Act, 2015
  • Constitution of the Republic of Uganda 1995 Article 20
  • Constitution of the Republic of Uganda 1995 Article 21
  • Constitution of the Republic of Uganda 1995 Article 28
  • Constitution of the Republic of Uganda 1995 Article 44
  • Constitution of the Republic of Uganda 1995 Article 50
  • Constitution of the Republic of Uganda 1995 Article 120(3)

Cases cited (10)

  • Equator International Distributors Ltd v Beiersdorf East Africa Ltd & Others (Miscellaneous Application No. 1127 of 2014)
  • Yahaya Kariisa v Attorney General & Another (Supreme Court Civil Appeal No. 7 of 1994)
  • American Cyanamid Co v Ethicon Ltd [1975] AC 396
  • Robert Kavuma v M/s Hotel International (Supreme Court Civil Appeal No. 8 of 1990)
  • ACP Bakaleke Siraj v Attorney General (High Court Miscellaneous Application No. 551 of 2018)
  • Locabail International Finance Ltd v Agroexport [1986] 1 All ER 901
  • R v Secretary of State for Transport, ex parte Factortame Ltd [1990] 2 AC 85
  • Alcohol Industry Association of Uganda & Others v Attorney General & URA (High Court Miscellaneous Application No. 744 of 2019)
  • Dr. Tiberius Muhebwa v Uganda (Constitutional Petition No. 9 of 2012)
  • Jim Muhwezi & 3 Others v Attorney General and Inspector General of Government (Constitutional Petition No. 10 of 2008)
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.