Failing this, once they decided to infringe upon the Applicant’s rights and
liberties as recognised by the Protocol, they ought to have guaranteed his right
to redress. This entailed, in our view, a duty to give the Applicant sufficient
reasons for denying him entry, declaring him a prohibited immigrant and
removing him from Uganda. Equally importantly, they had a duty to afford him
a fair opportunity to be heard, and, as they made their decisions about him, to
take into consideration whatever he had to say. These, in our view, are basic
indicators of due process, are the hall marks of the rule of law and they
distinguish a potentially just and fair process from a potentially unjust and
unfair one. Worthy of underscoring also is the fact that the Applicant was owed
these things not as favours from anyone but as hallowed rights guaranteed by
the Treaty. The provisions of its own national law, even if they existed, could
not exempt the Republic of Uganda from this Community law obligation.
77. What the Applicant proved, and the Respondent failed to disprove, is that he
was not aware, and he was not informed, of any offence he had committed or
was suspected of having committed, against any law of Uganda or against the
Treaty. To us this also is basic. Whatever else Counsel claimed to be due
process was but a mockery of the same if it could enable the Immigration to
bundle up a citizen of a Partner State, and dispatch him out of the country
unheard.
78. In Court we expected Counsel to show us what exactly it was that the
Applicant was suspected of and/or charged with and needed due process for
in the first place. To our dismay, nothing was shown, despite our prodding.
79. The Applicant is a citizen of a Partner State and, as shown elsewhere above,
is a special creature of and protected under the Treaty. The Republic of
Uganda is voluntarily and irrevocably bound by the Treaty.
REFERENCE NO.5 OF 2011
Page 36