NAME ……………………….

SSENYONJO MICHEAL

REG. NO………………………KS19B11/201

COURSE UNIT ………..CRIMINAL PROCEEDURE

TUTOR …................SENIOR COUNSEL NASSIMBWA JOCHEBED

LECTURER…………. SENIOR COUNSEL ANITAH TUSIIMIRE

BRIEF FACTS

During the Egyptian uprising, Abdullah killed Mubarak. Mubarak a was then the president of

Egypt. A requisition was sent to Uganda for the surrender of Abdullah to Egypt for trial.

Issues

Whether there is any reciprocal provisions or treaty between Uganda and Egypt

Whether the crime committed by Abdullah is an extraditable crime

Whether the incident amounts to an offence of a political character

Law applicable

Extradition act cap 117

Case law

Resolution of issues

Whether there is any reciprocal provisions or treaty between Uganda and Egypt .
Extradition is the official process by which one nation or state requests and obtains from another

nation or state the surrender of a suspected or convicted criminal. Similarly, extradition involves

the surrender of a person by a state to another state or in some cases, to an international

organization to allow for trial of that person by the receiving state.1

The Extradition Act2 provides Uganda’s legislative basis for extradition. It sets out mandatory

requirements which must be met before Uganda can make or accept an extradition request. It

should be noted that extradition can only be demanded pursuant to an extradition treaty

between the two states, the requesting state and the surrendering state. There is no legal

obligation to extradite in the absence of a treaty or an agreement between the states. 3

Where an arrangement has been made with any country with respect to the surrender to that

country of any fugitive criminal, the Minister may, by statutory instrument, order that this Part of

this Act shall apply in the case of that country subject to such conditions, exceptions and

qualifications as may be specified in the order, and this Part shall apply accordingly 4. Every

order made under this section shall be laid before Parliament.5 The extradition Act cap 117

under Section 4 retains the reciprocal relationship between Uganda and other commonwealth

countries hence nonexistence of arrangements with a particular commonwealth country can lead

to the discontinuance of the extradition provisions with that country. Section 5 Extradition act

cap 117 provides that whenever it appears to the Minister that the law of a country to which

1
Musa Ssekaana, Criminal Procedure and Practice in Uganda, law Africa, 2010.

2
Extradition Act cap 117.

3
Musa Ssekaana, Criminal Procedure and Practice in Uganda, law Africa, 2010.

4
Extradition Act cap 117,s 2.

5
Ibid.
section 4(1) applies no longer contains reciprocal provisions or that an arrangement with any

country referred to in section 4(2) is no longer in force, the Minister may, by statutory

instrument, discontinue the application of this Part of this Act to that country.

Basing on the above facts, if it appears to the Minister that Egyptian law no longer

contains reciprocal provisions or that an arrangement with any country referred to in

section 4 of the extradition act cap 117 is no longer in force, the requisition to Uganda for

the surrender of Abdullah to Egypt for trial will be discontinued.

Whether the crime committed by Abdullah is an extraditable crime

The extradition Act6 defines a fugitive criminal as any person accused or convicted of an

extradition crime within the jurisdiction of any other country who is in or suspected of being in

Uganda.

An Extraditable crime under section 28 of the Act is a crime which if committed within the

jurisdiction of Uganda, would be an indictable offence described in the schedule to the act.

In other words to qualify as an extraditable offence; it must be indictable in Uganda if

committed there and it must be an offence described in the schedule to the Act.

According to the above facts, Abdullah killed Mubarak amounts to murder and this is

listed in the schedule to the extradition act but the offence should not be of a political

character.

Whether the incident amounts to an offence of a political character

6
Extradiction Act cap 117,s 1(c).
 To constitute an offence of a political character, there must be two parties in a state; one

struggling to impose a government on its own over the other and the offence must have

been committed in pursuance of that objective Therefore whatever the reason for committing

an offence, it must be proved that it was politically motivated in order to bring it within the

meaning of the Act.7 A fugitive criminal shall not be surrendered if the offence in respect of

which his or her surrender is sought is one of a political character or if it appears to the court or

the minister that the requisition for his or her surrender has in fact been made with a view to try

or punish or her for an offence of a political character8

Section 23 of the Extradition Act cap 117 which states that the Minister shall not transmit a

requisition under section 22 and a warrant shall not be endorsed for the apprehension of any

person if the offence is one of a political character or it appears to the Minister or a court that the

requisition has in fact been made with a view to try or punish him or her for an offence of a

political character.

In R v Meunier9 The accused was charged with wilfully causing two explosions killing two

people in a café and another at a military barracks after which he escaped to England where

extradition proceedings were started against him and he was arrested. It was argued that the

incident at the café was not an offence of a political character. The question to be answered was

whether the incident or the attack at the barracks amounted to an offence of a political character.

It was held to constitute an offence of a political character, there must be two parties in a state,

one struggling to impose a government of its own over the other and the offence must have been

committed in pursuance of that objective. Meunier’s conduct didn’t fall within this description.

7
Musa Ssekaana, Criminal Procedure and Practice in Uganda, law Africa, 2010.
8
Extradition Act cap117,s 3(a).

9
R v Mounier[1895] 2 QB 415.
According to the above facts, Abdullah killed Mubarak in a political uprising hence

shooting was done in furtherance to overthrow the Egyptian government during the

Egyptian uprising and all this amounts to an offence of political character which is not

extraditable.

BIBLIOGRAPHY

Extradition act cap 117

M Ssekaana Criminal Procedure and Practice in Uganda, law Africa, 2010.