Wakilii

Abucar and 7 Others v Attorney General (Civil Suit No. 437 of 2019)

High Court · [2022] UGHCCD 49 · 2022 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declarations of citizenship by birth and orders compelling government agencies to issue identification documents
Decision
Declarations and orders granted in favour of the plaintiffs; discriminatory circular declared null and void; directive for issuance of citizenship documents to eligible persons

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that persons born in Uganda to parents or grandparents who were citizens under the 1962 or 1967 Constitutions remain citizens by birth under Article 9 of the 1995 Constitution regardless of whether they belong to indigenous communities. A circular requiring Somalis and other non-indigenous groups to prove naturalization or intermarriage was declared discriminatory, unlawful, and void. Documentary evidence of citizenship issued by government agencies constitutes prima facie proof absent fraud.

Outcome

Declarations and orders granted in favour of the plaintiffs; discriminatory circular declared null and void; directive for issuance of citizenship documents to eligible persons

Facts

The plaintiffs, Ugandan-born persons of Somali and multiracial origin, alleged they were denied passports and national identity cards despite having been previously issued such documents by government agencies. A 2007 circular by the Deputy Passport Control Officer directed that Somalis, Indians, and Yemenis could never be citizens by birth unless they proved naturalization, registration, or intermarriage with indigenous communities. The Attorney General had previously issued a legal opinion in 2007 clarifying that non-indigenous persons who were citizens before 1995 remained citizens under Article 9 of the Constitution. The plaintiffs produced birth certificates, passports, and identity cards as proof of citizenship. The 8th plaintiff comprised multiracial Ugandans with one parent from an indigenous community and one from Somalia, India, Yemen, or Oman. Immigration officials insisted on proof of naturalization based on applicants' skin colour and ethnic origin.

Issues

  1. Whether the plaintiffs and the represented persons who are not members of the indigenous communities are eligible for citizenship by birth.
  2. Whether the actions of the Directorate of Immigration and Citizenship in denying the plaintiffs citizenship are lawful.
  3. What remedies are available to the parties.

Orders

  • A declaration that the circular issued by the Deputy Passport Control Officer, Mr. Namara Anthony is irregular, null and void.
  • An order that the defendant declares the plaintiffs that fulfill the requirements under Article 10 of the Constitution and section 12 of the Citizenship and Immigration Control Act as citizens by birth.
  • A declaration that the eligible Plaintiffs and other eligible members of the Uganda Somali's community that qualify for citizenship by birth are entitled to issuance and renewal of Ugandan identification and citizenship related documents.
  • An order that the Directorate of Citizenship and Immigration Control issues national identity cards to eligible applicants who are Ugandans of Somali origin as citizens by birth.
  • Each party to bear its own costs.

Rules and key headnotes

Citizenship — Citizenship by Birth — Continuity under Article 9
Every person who was a citizen of Uganda at the commencement of the 1995 Constitution continues to be a citizen regardless of whether they belong to an indigenous community, provided they satisfied the citizenship requirements under the 1962 or 1967 Constitutions.
Citizenship — Proof of Citizenship — Documentary Evidence
Documents such as passports, birth certificates, and national identity cards issued by government agencies constitute prima facie evidence of citizenship which may only be rebutted by proof of fraudulent acquisition or misrepresentation.
Citizenship — Administrative Directives — Conflict with Constitutional Provisions
An administrative circular or directive that conflicts with constitutional provisions on citizenship is irregular, null, and void and cannot override the Constitution.
Discrimination — Denial of Citizenship on Grounds of Race, Colour, or Ethnic Origin
Denial of citizenship or citizenship documentation on the basis of skin colour, race, or ethnic origin constitutes unlawful discrimination contrary to Articles 20 and 21 of the Constitution and violates the principle of equal treatment and protection under the law.
Citizenship — Statelessness — International Obligations
Actions by state officials that arbitrarily deprive persons of citizenship and render them stateless violate Uganda's international obligations under the Universal Declaration of Human Rights and the 1961 Convention on the Reduction of Statelessness.

Legislation cited (21)

Cases cited (8)

  • Gordon Sentiba and 2 Others v Inspectorate of Government (Supreme Court Civil Appeal No. 6 of 2008)
  • Oyee Leonard and 2 Others v Zubeida Abdulrahman (Civil Appeal No. 27 of 2012)
  • Centre for Public Interest Law and Another v Attorney General (Constitutional Petition No. 34 of 2010)
  • Nottebohm Case (Liechtenstein v Guatemala) [1955] ICJ
  • Christopher Madrama v Attorney General (Constitutional Petition No. 1 of 2016)
  • Lal Babu Hussein and Others vs Electoral Registration Officer and others, 1995 AIR 1189, 1995 SCC (3) 100
  • Carolyn Turyatemba and 4 Others v Uganda Land Commission and Attorney General (Constitutional Petition No. 15 of 2006)
  • Petnum Pharmacy v National Drug Authority (Miscellaneous Cause No. 56 of 2018)

Full judgment

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

Abucar and 7 Others v Attorney General (Civil Suit No. 437 of 2019) [2022] UGHCCD 49 (18 March 2022)
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.