Wakilii

Aboneka Micheal and Another v Attorney General (Miscellaneous Cause No.367 of 2018)

High Court · [2019] UGHCCD 317 · 2019 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of rights under Article 50 of the Constitution challenging the government's decision to recall old machine-readable passports and issue new East African e-passports
Decision
Application struck out for failure to disclose violation of a constitutional right

Observed later treatment

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Holding

The High Court held that an application under Article 50 of the Constitution for enforcement of rights must identify a specific fundamental right or freedom that has been infringed or threatened. Where applicants fail to cite any constitutional provision allegedly violated and do not demonstrate infringement of a specific right, the application is incompetent and must be struck out. The court struck out the application challenging the government's recall of old passports and issuance of East African e-passports, finding it brought no actionable constitutional claim and should have been filed as judicial review instead.

Outcome

Application struck out for failure to disclose violation of a constitutional right

Facts

The applicants brought an application under Article 50 of the Constitution seeking to restrain the Ministry of Internal Affairs from recalling Ugandan machine-readable passports and issuing East African e-passports, alleging there was no legal basis in Ugandan law. They contended the recall violated citizens' rights, breached contract with passport holders, and that the East African Council decision had not been properly domesticated. The respondent opposed, asserting that passports are government property subject to recall, that the e-passport issuance complies with Uganda's obligations under the Treaty for the Establishment of the East African Community and international aviation conventions, and that citizens' right to possess a passport was not infringed since new passports would be issued. The court raised a preliminary issue regarding the competence of the application under Article 50.

Issues

  1. Whether the instant application is properly before the court
  2. Whether the recall of old machine-readable passports and issuance of new East African e-passports to Ugandan citizens is in accordance with the law
  3. Whether the exclusive use of the national identity card for identification purposes as a requirement for acquisition of the East African passport is legal
  4. Whether the issuance of EAC passports violates the principle of sovereignty and amounts to a breach of contract with the people of Uganda
  5. Whether the respondent exercised due care to provide mass sensitization of the public on the issuance of EAC passports
  6. Whether the applicant is entitled to any of the prayers sought

Orders

  • Application struck out.
  • Costs awarded to the respondent.

Rules and key headnotes

Constitutional Law — Article 50 Enforcement Applications — Requirements for Competent Application
An application under Article 50 of the Constitution for enforcement of rights must identify a specific fundamental right or freedom guaranteed under the Constitution that has been infringed or threatened; it is not sufficient to assert the existence of a right in general terms without setting out the facts demonstrating its breach.
Constitutional Law — Public Interest Litigation — Genuine Public Interest Standing
Public interest litigation under Article 50(2) should be used only where there is gross violation of fundamental rights affecting a class of persons or where basic human rights are invaded; it should not be used for personal or political gains, publicity, or where the proper remedy is judicial review of administrative action rather than enforcement of constitutional rights.
Civil Procedure — Striking Out — Failure to Disclose Cause of Action
Where an applicant brings an application for enforcement of constitutional rights under Article 50 but fails to cite any specific constitutional provision that has been violated and the pleadings do not disclose any infringement of a fundamental right, the proper remedy is to strike out the application as incompetent.

Legislation cited (6)

Cases cited (6)

  • R v Bedfordshire 24 L.J.G.B 84
  • Ferreira v Levin; Vryyenhoek v Powell [1996] 1 BCLR 1
  • Lawyers for Human Rights v Minister of Home Affairs [2004] 7 BCLR 775
  • Pastor Martin Sempa v Attorney General (Miscellaneous Application No. 71 of 2002)
  • Ogago Brian Abangi v Uganda Communications Commission (Miscellaneous Application No. 267 of 2013)
  • Human Rights Network for Journalists and Another v Uganda Communications Commission (Miscellaneous Cause No. 219 of 2013)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Aboneka Micheal and Another v Attorney General (Miscellaneous Cause No.367 of 2018) [2019] UGHCCD 317 (16 August 2019)
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.