Wakilii

Abbey Musinguzi t/a Abtex Prodctions & Another v Inspector General of Police & Another (MISCELLANEOUS CAUSE NO. 147 OF 2019)

High Court · [2020] UGHCCD 113 · 2020 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application seeking certiorari, mandamus, injunctions and declarations against police decision to halt concerts
Decision
Application for judicial review granted. Decision of Inspector General of Police halting concerts quashed. Orders of certiorari and prohibition issued. Claims for constitutional declarations and damages dismissed as not available by way of judicial review. Costs awarded against the 1st Respondent.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted judicial review, finding the Inspector General of Police acted ultra vires, irrationally and with procedural impropriety in halting musical concerts. The police decision was illegal as concerts did not fall under the Public Order Management Act (being social events), and reliance on Police Act s.32(2) was invalid given the Constitutional Court had declared that provision unconstitutional. The police failed to give applicants a hearing on allegations of past misconduct. The court issued orders of certiorari and prohibition but held that constitutional declarations and damages must be sought separately and not by judicial review application.

Outcome

Application for judicial review granted. Decision of Inspector General of Police halting concerts quashed. Orders of certiorari and prohibition issued. Claims for constitutional declarations and damages dismissed as not available by way of judicial review. Costs awarded against the 1st Respondent.

Facts

Applicants, who are events promoters, organized concerts featuring Hon. Kyagulanyi Robert (Bobi Wine) during Easter 2019. They requested police security and were given conditions to fulfill. The Divisional Police Commander of Katwe supervised compliance and approved arrangements. Despite full compliance, the Assistant Inspector General of Police wrote on 19 April 2019 halting all concerts indefinitely, citing alleged misconduct in previous concerts without specifying charges or giving the applicants opportunity to respond. On 22 April 2019, when applicants attempted to hold a press conference to explain the cancellation to ticket holders, police arrested them and Bobi Wine, drove them to Bobi Wine's residence at Magere, and abandoned them there without taking statements. Applicants had paid UGX 115,000,000 as non-refundable booking fee and sold tickets.

Issues

  1. Whether the process leading to the decision and/or directive, and the decision itself, of the 1st Respondent indefinitely stopping the Applicants from organizing 'Kyarenga Extra Concerts' are illegal, ultra vires, irrational, unreasonable and abuse of the 1st Respondent's powers.
  2. Whether the decision of the 1st Respondent stopping the Applicants from organizing 'Kyarenga Extra Concerts' was made in violation of the Applicants' right to a fair hearing guaranteed under Article 28, 42 and 44 of the Constitution.
  3. Whether the arrest and detention of the 1st Applicant and Andrew Mukasa, the Managing Director of the 2nd Applicant on the 22nd day of April, 2019 deprived them of their personal liberties and in violation of their right to carry on trade and business contrary to Article 20, 23 and 40 of the Constitution.
  4. What remedies are available?

Orders

  • The decision making process and the decision itself of the 1st Respondent communicated to the Applicants on the 19th April, 2019, indefinitely stopping them from organizing the 'Kyarenga Extra Concerts' at One Love Beach Busabaala, Lira, Gulu and Arua are illegal, ultra vires, irrational, unreasonable and an abuse of the 1st Respondent's powers.
  • The Applicants prayers seeking for Constitutional declarations and an award of general, exemplary and punitive damages for the flagrant violation of their rights and freedoms are unavailable as the same cannot be sought for by way of a notice of motion under Judicial review.
  • An order of Certiorari quashing the decision and/or directive of the 1st Respondent contained in a letter dated 19th April, 2019 halting the Applicants' 'Kyarenga Extra Concerts' indefinitely is hereby issued.
  • An order of prohibition is hereby issued restraining, stopping and preventing the 1st Respondent from assuming powers to authorize and/or sanction the holding of musical shows and celebrations of a social nature by the Applicants.
  • The writ of mandamus is not available as it has been overtaken by events.
  • The 1st Respondent to pay the costs of this application pursuant to s.10 Human Rights Enforcement Act 2019.

Rules and key headnotes

Judicial Review — Grounds for Review — Illegality, Irrationality and Procedural Impropriety
To succeed in an application for judicial review, the applicant must show that the decision or act complained of is tainted with illegality, irrationality or procedural impropriety. Judicial review is concerned with the decision-making process, not the merits of the decision itself.
Judicial Review — Illegality — Ultra Vires Acts
A decision is illegal when the decision-making authority commits an error of law in the process of taking the decision, including acting without jurisdiction, ultra vires, or contrary to the provisions of law. Where a public authority purports to exercise powers under a provision that has been declared unconstitutional by the Constitutional Court, the authority acts ultra vires and illegally.
Public Order Management Act — Scope of Application — Exclusion of Social Events
Musical concerts held for social and commercial purposes during a festive season do not constitute a 'public meeting' under the Public Order Management Act 2013. Section 4(2)(d) of the Act expressly excludes meetings for social, religious, cultural, charitable, educational, commercial or industrial purposes from the definition of public meetings requiring regulation under section 3 of the Act.
Police Powers — Section 32(2) Police Act — Constitutional Invalidity
Section 32(2) of the Police Act, which empowered the Inspector General of Police to prohibit assemblies or processions where there were reasonable grounds to believe they would cause a breach of the peace, was declared null and void by the Constitutional Court as an unjustified limitation on fundamental rights not demonstrably justified in a free and democratic society. Police reliance on this provision is therefore invalid.
Judicial Review — Irrationality — Wednesbury Unreasonableness
Irrationality in administrative decision-making exists when there is such gross unreasonableness that no reasonable authority, addressing itself to the facts and law before it, would have made such a decision. Conduct in bad faith, or a decision which is perverse, absurd, or so outrageous in its defiance of logic that it implies the decision-maker has taken leave of his senses, constitutes irrationality.
Judicial Review — Procedural Impropriety — Right to Be Heard
Procedural impropriety occurs when there is failure to act fairly on the part of the decision-making authority in the process of taking a decision, including non-observance of the rules of natural justice. Where an authority bases a decision on allegations of past misconduct without notifying the affected party and affording them an opportunity to respond to those allegations, it commits procedural impropriety.
Judicial Review — Remedies — Prerogative Orders — Certiorari and Prohibition
An order of certiorari quashes a decision tainted with illegality and restores the status quo ante. An order of prohibition restrains a public authority from continuing to exercise powers ultra vires. Where an authority has acted ultra vires, irrationally and with procedural impropriety, both certiorari (to quash the unlawful decision) and prohibition (to prevent future similar conduct) are appropriate remedies.

Legislation cited (19)

Cases cited (14)

  • Kuluo Joseph Andrew & 2 Others v The Attorney General & 2 Others (Miscellaneous Cause No. 106 of 2010)
  • Chief Constable of North Wales Police Vs Evans [1982] 3 ALL E.R. 141
  • Owor Arthur and 8 Others v Gulu University (Miscellaneous Cause No. 18 of 2007)
  • Kasibo Joshua v Commissioner of Customs (Miscellaneous Application No. 44 of 2004)
  • Pastoli vs. Kabale District Local Government Council and Others [2008] 2 EA 300
  • Nilefos Minerals Ltd v Attorney General & Another (Miscellaneous Cause No. 184 of 2014)
  • Muwanga Kivumbi v Attorney General (Constitutional Petition No. 9 of 2005)
  • Edward Kamya Lugonvu & Others v Attorney General (Constitutional Petition No. 24 of 2009)
  • Associated Provincial Picture Houses Limited - vs- Wednesbury Corporation [1947]2ALLER 223
  • Commissioner of Land v Kunste Hotel Ltd [1995-1998] 1 EA (CAK)
  • Charles Harry Twagira v Attorney General and 2 Others (Civil Appeal No. 04 of 2007)
  • Simon Ttendo Kabenge v Uganda Law Society & Ruth Ssebatindira (Miscellaneous Cause No. 254 of 2013)
  • Pius Niwagaba v Law Development Centre (Civil Appeal No. 18 of 2005)
  • Grace Namulondo & 3 Others v Jone Jones Sserwanga Ssalongo & 2 Others (Miscellaneous Cause No. 1 of 2019)

Full judgment

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Abbey Musinguzi t_a Abtex Prodctions & Another v Inspector General of Police & Another (MISCELLANEOUS CAUSE NO. 147 OF 2019) [2020] UGHCCD 113 (13 May 2020)
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.