High Court dismisses Don Nasser's human rights application

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The High Court in Kampala last Thursday dismissed a human rights application filed by embattled businessman and socialite Nasser Nduhukire, popularly known as Don Nasser, paving the way for his trial on charges of aggravated child trafficking and defilement to proceed.

In the ruling, Justice Andrew Bashaija of the International Crimes Division held that the court has no jurisdiction to entertain claims of alleged human rights violations that occurred outside Uganda’s borders.

“The alleged abduction and acts of torture occurred outside the borders of Uganda. This court, under the Constitution and the Penal Code, cannot exercise extraterritorial jurisdiction in this matter,” Justice Bashaija stated.

Nasser had sought to nullify his ongoing criminal trial, claiming he was abducted by Ugandan security agents in Nairobi, Kenya, on September 18, 2024.

Through his lawyers, he alleged he was blindfolded, beaten, denied food, and held in a shipping container for three days before being secretly transported to Uganda via the Malaba border all without a formal extradition process.

“What happened to me was inhumane. I was kidnapped, tortured and smuggled back into the country. This should not happen to anyone,” Nduhukie claimed in his affidavit.

However, the Attorney General’s office disputed the allegations, calling them baseless and lacking credible evidence.

Detective Edward Musasizi, one of the arresting officers, testified that Nduhukire was arrested lawfully in Tororo District, inside Uganda.

“There was no abduction, no torture,” Musasizi told the court.

“The applicant was found walking freely and was arrested in accordance with the law.”

In his ruling, Justice Bashaija said Nasser’s affidavit evidence was not backed by any independent corroboration, a serious flaw, especially in a case that involves potential violations of international law.

“Affidavit evidence without corroboration cannot suffice in serious allegations involving international law violations,” he emphasised.

The judge also questioned the timing of Nduhukire’s claims, noting that they were never raised during his initial court appearances, where he had the opportunity to formally lodge such complaints.

The judge dismissed the application with costs, declaring, “The application lacks merit and is accordingly dismissed.”