By The trial of opposition leader Kizza Besigye and his associate Obeid Lutale before the General Court Martial in Makindye was abruptly put on hold Monday after the Supreme Court stopped all cases involving civilians.
The decision follows last week’s Supreme Court ruling, which declared that the court martial lacks the constitutional authority to try civilians and ordered an immediate halt to such proceedings.
Reporter Shamim Nabakooza in Makindye said lawyers Ernest Kalibbala and Fredrick Mpanga arrived at the court martial where they have been bounced after engagements with military officers at the gate.
“On prompting counsel Mpanga, he revealed that soldiers who denied him access to court premises told him the court had no proceedings today,” Ms Nabakooza said.
Despite the judgement, sources within the military court indicated that hearings would be rescheduled for next week, with officials still analysing the judgment’s implications.
A lieutenant stationed at the court martial’s gate confirmed that no civilian suspects would appear before the tribunal on Monday.
It leaves the fate of Dr Besigye and others in a limbo even as Lord Mayor Erias Lukwago, a counsel for the former presidential candidate told NBS TV on Monday that the military “has no choice but to release him”.
Meanwhile, Brigadier General Freeman Mugabe, chairman of the court martial, arrived under heavy military guard for an internal meeting, where court officials debated the ruling’s impact.
The ruling, delivered on January 31, marked a significant victory for human rights defenders who have long criticized the military court’s role in prosecuting civilians.
Chief Justice Alfonse Owiny-Dollo, in his judgment, emphasized that the Constitution only grants military tribunals jurisdiction over serving soldiers.
“The practice of trying civilians in military courts is inconsistent with the principles of a democratic society governed by the rule of law,” he said, underscoring the need for immediate compliance with the ruling.
However, the Uganda People’s Defence Forces (UPDF) have pushed back against the verdict. In a statement shared on social media, Colonel Chris Magezi, the public relations manager in the Office of the Chief of Defence Forces, declared that the army would not release Besigye and vowed that trials of civilians would continue.
President Museveni, reacting to the ruling, dismissed the Supreme Court’s decision with laughter, asserting that Uganda is not governed by judges alone.
“We are not ruled by judges,” he said, signaling that his administration might not readily enforce the court’s judgement.
His remarks have added to speculation that the government could resist the transfer of civilian cases to the civilian judiciary, as mandated by the Supreme Court.
The suspension of hearings has left the future of several high-profile cases uncertain. Sources revealed that court martial officials were set to hold further consultations with Uganda’s High Command before making any final decisions.
Meanwhile, tensions are mounting as legal experts warn that continued defiance of the Supreme Court ruling could deepen Uganda’s constitutional crisis.
