Human Rights

Attoney General v Joseph Tumushabe (CONSTITUTIONAL APPEAL NO. 03 OF 2005) [2018] UGSC 32 (9 July 2018);


Search Summary: 

This was an appeal from the decision of the
constitutional court where it held that the
General Court Martial was a subordinate court
and granting a declaration that the detainees
were entitled to be released on bail upon
completing 120 days on remand in custody.
The background is that the respondent had
sought a declaration in the constitutional court
that the detainees were detained

Headnote and Holding: 

The court held that the substantial question that
arose from the pleadings was whether the
failure to release the detainees on bail after the
constitutional time limit for remand in custody
was unconstitutional. That article 23 applies to
everyone awaiting trial for a criminal offence
without exception. That the proposition that a
person awaiting trial in the General Court
Martial is in respect of bail, governed only by
the provisions of the UPDF Act and not by the
Constitutional provisions is based on wrong
principles and is untenable. That the UPDF Act
couldn’t erode the meaning of article 23.


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