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By Spy Uganda
Kampala-The long-stalled criminal proceedings against former Permanent Secretary in the Ministry of Trade, Industry and Cooperatives, Geraldine Ssali, could now resume following a landmark Constitutional Court decision that declared unconstitutional provisions of the Human Rights Enforcement Act that allowed courts to acquit accused persons without a full trial based on violations of certain rights.
In Constitutional Court Constitutional Petition No. 7 of 2026, decided on June 2, 2026, the court held that Section 11(2)(a), (b) and (c) of the Human Rights Enforcement Act was inconsistent with the Constitution to the extent that it permitted the termination of criminal proceedings and acquittal of accused persons solely on account of violations of non-derogable rights.
The court further emphasized that victims of crime also enjoy constitutional protection under the right to a fair hearing and that violations of an accused person’s rights do not automatically justify a blanket acquittal before evidence is tested through a trial process.
According to the court’s flynote, the case examined the validity of provisions permitting acquittal without trial where non-derogable rights had been violated, the scope of Article 28(1) on fair hearing, and the relationship between Article 44(c) and remedies available for human rights violations in criminal proceedings.
The Constitutional Court reportedly found that while accused persons are entitled to protection of their constitutional rights, remedies for violations must be balanced against the constitutional rights of victims and the broader interests of justice.
Implications For Geraldine Ssali Case
The ruling is expected to have direct implications for the prosecution of Geraldine Ssali, whose corruption and abuse-of-office case has faced delays arising from constitutional and procedural objections linked to alleged rights violations.
Ssali was charged alongside several officials over the controversial diversion and alleged mismanagement of billions of shillings earmarked under government programmes. Prosecutors accused her of causing financial loss to government and abuse of office in relation to payments connected to cooperative compensation claims.
The proceedings encountered legal hurdles after challenges were raised regarding constitutional rights and the legality of continuing with the prosecution under circumstances alleged to have infringed rights protected under the Constitution.
With the Constitutional Court now clarifying that rights violations cannot automatically result in an acquittal without a trial, legal observers say the decision removes a major obstacle that had threatened to derail the proceedings against the former accounting officer.
The judgment effectively signals that courts should pursue appropriate remedies for rights violations without extinguishing criminal prosecutions before evidence is heard and determined on merit.
Victims’ Rights Recognized
A significant aspect of the ruling is the court’s recognition that Article 28(1) of the Constitution extends beyond accused persons and encompasses victims of crime, who are also entitled to a fair hearing.
The decision reinforces a growing judicial position that criminal justice processes must balance the rights of accused persons with the legitimate interests of victims and society in the adjudication of criminal allegations.
Legal analysts say the ruling is likely to influence several pending criminal cases where accused persons have sought termination of proceedings on grounds of alleged violations of constitutional rights.
For Geraldine Ssali, the judgment is widely viewed as clearing the path for the anti-corruption case against her to proceed to substantive hearing and determination.
, https://www.spyuganda.com/geraldine-ssali-corruption-trial-set-to-resume-after-constitutional-court-strikes-down-acquittal-without-trial-provisions/
