Muhwezi Abias v Attorney General and Others (Constitutional Petition No. 83 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

On the 1st respondent's unopposed application under Rule 13 of the Constitutional Court (Petitions and References) Rules, the Court held that where more than one petition is presented in relation to the same matter, the petitions may be dealt with as one. Finding that Constitutional Petition No. 83 of 2023 and Constitutional Petition No. 43 of 2023 relate to the same subject matter, and with the consent of the parties, the Court ordered the two petitions consolidated and heard together.

Outcome

Petitions consolidated to be heard together as one petition

Facts

The petitioner, formerly a staff member of the Uganda Revenue Authority, was convicted of abuse of office, causing financial loss and fraudulent false accounting contrary to the Anti-Corruption Act and sentenced to terms of imprisonment running concurrently; his appeal to the Court of Appeal was unsuccessful. He then brought this constitutional petition alleging violations of his fair trial rights and challenging the constitutionality of provisions of the East African Community Customs Management Act and the Anti-Corruption Act. At the hearing, counsel for the 1st respondent applied under Rule 13 to consolidate this petition with Constitutional Petition No. 43 of 2023 on the ground that the facts of the two petitions are the same. Counsel for the petitioner did not object.

Issues

1. Whether Constitutional Petition No. 83 of 2023 and Constitutional Petition No. 43 of 2023 should be consolidated under Rule 13 of the Constitutional Court (Petitions and References) Rules where they relate to the same subject matter.

Orders

• Consolidation of the petitions allowed under Rule 13 of the Constitutional Court (Petitions and References) Rules.
• Constitutional Petition No. 83 of 2023 is consolidated with Constitutional Petition No. 43 of 2023.

Rules and key headnotes

Legislation cited (3)

• Constitution of Uganda Article 137(1), (3)(a)(b) and (4)
• Constitutional Court (Petitions and References) Rules 2005 Rule 3
• Constitutional Court (Petitions and References) Rules 2005 Rule 13

Cases cited (1)

• Fox Odoi-Oywelowo and 21 Others v Attorney General and 3 Others (Constitutional Petitions No. 14, 15, 16 & 85 of 2023)

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