Constitutional Court Upholds Prosecution, Paving Way for Ssali Corruption Trial

Former Permanent Secretary of the Ministry of Trade, Geraldine Ssali, along with several co-accused, will now face trial for corruption charges, following a pivotal decision by the Constitutional Court. The court has declared Section 11(2) of the Human Rights Enforcement Act unconstitutional, overturning a provision that mandated the nullification of criminal proceedings and acquittal of defendants upon proof of violation of their non-derogable rights.

This ruling, delivered by a panel of five judges, removes a significant legal impediment that had stalled the prosecution of Ms. Ssali and her co-accused, including Members of Parliament Michael Mawanda Muranga and Ignatius Wamakuyu Mudiimi, lawyer Julius Taitankoko Kirya, Leonard Kavundira, and former MP Paul Akamba. They are accused of the alleged mismanagement of Shs3.8 billion intended for the Buyaka Growers Cooperative Society Limited.

The contentious Section 11(2) had been invoked by some of the accused, notably Paul Akamba, who argued for acquittal due to alleged torture during his arrest. However, the Constitutional Court reasoned that this provision was inconsistent with the Constitution as it allowed for acquittals without a full trial, thus denying victims the right to be heard and undermining accountability.

The court emphasized that a fair hearing is a right for all parties, not just the accused, and that acquittals should only follow a thorough examination of evidence. This decision means the Anti-Corruption Division of the High Court can now proceed with the substantive corruption and money laundering charges against Ms. Ssali and her co-defendants.

The prosecution alleges that Ssali abused her office by improperly including the Buyaka Growers Cooperative Society for compensation and authorizing irregular payments. The state also contends that the accused conspired to defraud the government of over Shs3.4 billion meant for compensating cooperatives affected by conflicts. The trial has been subject to numerous delays, including issues with prosecutor availability.

With this legal challenge resolved, focus is expected to return to the Anti-Corruption Division, where prosecutors will aim to present their case against Ssali and her associates in this high-profile corruption case. https://www.monitor.co.ug/uganda/news/national/ssali-to-face-trial-as-court-scraps-law-blocking-prosecution-in-shs3-8b-case-5482914