Attoney General v Joseph Tumushabe [2018] UGSC 32 (9 July 2018)

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Constitutional Law|Human Rights|Liberty

Case summary

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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