The Constitutional Court of Uganda has dismissed media personality Faridah Nakazibwe’s petition against Red Pepper Publications, effectively denying her a chance to reclaim the Shs 45 million awarded to her by the Uganda Media Council in 2018.
The case arose from a complaint Nakazibwe filed against Red Pepper and its now-defunct sister publication, Hello!, accusing them of defamation and invasion of privacy.
The complaint was based on 38 articles published between December 2015 and June 2016, which focused on her alleged relationship with Hajji Musa Kigongo, the NRM Vice Chairman.
Nakazibwe argued that the articles caused her emotional distress, humiliation, and degrading treatment. After reviewing the complaint, the Uganda Media Council ruled in her favor, ordering Red Pepper to pay Shs 45 million in damages for publishing false information.
However, Red Pepper Publications challenged this decision in the High Court, which led to Nakazibwe’s appeal to the Constitutional Court.
On March 12, 2025, the Constitutional Court, in a majority ruling, dismissed Nakazibwe’s petition without awarding any costs.
Nakazibwe’s lawyers had argued that the Attorney General, who represented the Media Council in the original proceedings, should not have been held liable in the case. They also contended that the Media Council’s Disciplinary Committee, which had ruled against Red Pepper, was a subordinate court, and thus its decisions could not be subject to judicial review under the Judicature (Judicial Review) Rules of 2009.
In its ruling, the Constitutional Court, led by Justice Geoffrey Kiryabwire, clarified that the Disciplinary Committee is not a subordinate court but rather an administrative body, and as such, its decisions could indeed be subject to judicial review.
The Court further rejected Nakazibwe’s claim that the judicial review rules were unconstitutional for failing to be tabled before Parliament, emphasizing that the role of the Disciplinary Committee is clearly outlined in the Press and Journalists Act, where it is defined as an administrative tribunal.
Red Pepper had initially sought judicial review of the Media Council’s decision, arguing that it had not breached any media regulations.
