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The International Crimes Division of the High Court has declined to confirm trafficking charges against a woman, who is accused of illegally recruiting workers abroad.

Accordingly, Justice Andrew Bashaija dismissed charges of aggravated trafficking in children and operating a recruitment agency without a license, against Lydia Namuddu, who is said to be the director of Freedom Herbal Products and Services Limited.

In a ruling dated April 16, 2024, Bashaija ruled that the evidence disclosed by the prosecution does not prove that Namuddu operated a recruitment agency without a license.

“The prosecution evidence has not established substantial grounds to believe that the accused person committed any of the offences she is charged with. Therefore, the court is reluctant to confirm any of the charges against her. All the charges in the indictment are dismissed. The accused is accordingly discharged,” he ruled.

Namuddu had been accused of trafficking seven children by means of deception fraud or threat or abuse of the position of vulnerability of the victims for purposes of debt bondage.

She had also been accused of operating a recruitment agency, namely, Freedom Herbal Products and Services Limited at Mengo without a license issued by the administration, between January and April 2021.

The judge, however, observed that none of the victims stated that the company was recruiting workers abroad.

This, according to the judge, indicates that the company does not fall under the definition of “a recruitment agency” as envisaged under Regulation 3 of the Recruitment Regulations 2021.

He said the evidence that the victims got the telephone numbers from the radio adverts and called a person who introduced herself as “Lydia” is not sufficient to establish a nexus between the alleged adverts and the accused.

“The evidence as to the owner of the phone numbers is quite lacking. There is no proof of the alleged communications that the victims claim to have had with the accused person on the phone. Such information should have easily been obtained from different telecom service providers, but none was availed,” the judge stated.

Bashaija also said there was no evidence to prove ownership of the company, saying the prosecution needed to adduce in evidence, a certificate of registration or Articles and Memorandum of Association of the said company to prove that the accused was the director.  

Bashaija noted that whereas the prosecution accuses Namuddu of operating a recruitment agency without a license under the Employment (Recruitment of Ugandan Migrant Workers) Regulations 2021, the same was enacted in August 2021 revoking the Regulations of 2005, under Regulation 40, after the accused had been charged with the offence.

He, therefore, said charging the accused with the offence of operating a recruitment agency without a license contradicts the principle of legality since the accused is said to have committed the offence between April and May 2021 before the enactment of the Employment Regulation 2021.

Owing to the principle of legality on a retrospective of law, Bashaija said the accused could not have committed an offence under the new Regulations which were non-existent at the time the alleged offence is said to have been committed.

Citing Article 28 (7) of the Constitution, the judge said no person may be charged with or convicted of a criminal offence which is found on an act or omission that did not at the time it took place constitute a criminal offence.

The same is stipulated under Article 28 (12) that except for contempt of court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law,” the judge noted.

At pre-trial, the prosecution was represented by Chief State Attorney Joseph Kyomuhendo while Namuddu was represented by David Kasadha.