Nandutu petitions Constitutional Court to halt trial

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The Constitutional Court justices on March 5, 2025, heard an application from former Karamoja affairs state minister Agnes Nandutu, who is contesting the legality of her charges in the iron sheets case.

The justices, led by Justice Hellen Obura, have reserved their ruling, stating that they will notify the parties once it is ready.

Other justices on the panel, are Margaret Tibulya, Moses Kazibwe Kawumi, Dr Asa Mugenyi and Musa Ssekaana.

Nandutu was represented by lawyers Evans Ochieng, Charles Nandaah Wamukoota, John Nalela and Caleb Alaka while the Attorney General’s chamber was represented by state attorney Charity Nabaasa.

During the session, Ochieng argued that the provisions of 21A (1) and (2) of the Anti-Corruption Act, 2009, under which Nandutu is charged are unconstitutional.

The lawyers argued that the said provisions contravene Articles 20 (1), 21 (1), 28 (1) and 44 of the Constitution.

Nandutu, who is also the Bududa District Woman MP, is battling charges of dealing with suspect property, contrary to Section 21A (1) of the Anti-Corruption Act. If found guilty, Nandutu will be sentenced to seven years in prison.

Ochieng argued that there has to be a conviction before a person is charged with the offence of dealing with suspect property.

“At what stage do you determine a crime has been committed if it has not been decided by the court?” he asked.

The lawyers also argued that the particulars of the offence of dealing with suspect property that was preferred against Nandutu were imprecise and lacked clarity.

On the other hand, Nabaasa argued that the petition lacked merit and there is nothing worth constitutional interpretation.

Allegations

Prosecution alleges that Nandutu between the month of June and July 2022, at the OPM stores in Namanve, and in Kkola Cell, Bulwanyi Parish, Mukono district, dealt with government property, namely, 2000 pre-painted iron sheets of gauge 28 marked “Office of the Prime Minister”, by receiving and holding the items, which she had reason to believe were acquired as a result of loss of public property, an offence under Section 10 (1) of the Anti-Corruption Act 2009.