Supreme Court Bans Trial of Civilians in Military Courts

Supreme Court Bans Trial of Civilians in Military Courts

In a landmark ruling, the Supreme Court of Uganda has halted the trial of civilians before the General Court Martial (GCM), directing that such cases be transferred to ordinary courts with competent jurisdiction.

“All ongoing trials involving civilians in the Court Martial must immediately cease and be transferred to ordinary courts of law,” announced Chief Justice Alfonse Owiny-Dollo, delivering the majority ruling of a seven-member panel.

The judgment clarified that military courts, including the Field Court Martial, General Court Martial, and divisional military courts, are specialized entities established to handle disciplinary matters within the Uganda People’s Defence Forces (UPDF). However, their jurisdiction does not extend to civilians.

Lack of Independence and Impartiality

Justice Owiny-Dollo underscored that the composition of military courts, which includes serving army officers bound by orders from their appointing authorities, compromises their independence and impartiality. “Imagine myself, the Chief Justice of Uganda, who has never undergone military training, leading a battlefield operation. It highlights the need for professionalism in every domain, especially when administering justice,” he remarked.

The Court noted that military tribunals often render decisions based on majority opinions of members, guided by a Judge Advocate whose advice is not binding—akin to an assessor’s role in civilian trials. This structure, coupled with the oath taken by military officers to serve the High Command, hinders impartial decision-making.

The Chief Justice emphasized that sentencing powers such as life imprisonment and the death penalty, currently exercised by military courts, exceed their constitutional mandate. Instead, he proposed reforms to align the appointment of military court members with the Judicial Service Commission, ensuring competence and security of tenure.

Upholding Constitutional Rights

The Supreme Court reaffirmed the Constitutional Court’s earlier decision that it is unconstitutional for civilians to be tried in military courts. Civilians should only be tried in civilian courts of judicature, which are mandated to handle criminal offenses, including those punishable by imprisonment or death.

Even military personnel accused of crimes deserve a fair hearing in a competent civilian court, the Court asserted, noting that military courts should only impose disciplinary actions such as dismissal or reprimand.

Historical Context

This judgment builds on a 2021 Constitutional Court ruling that declared the General Court Martial’s jurisdiction over civilians unconstitutional. The case stemmed from a petition by former Nakawa MP Michael Kabaziguruka, who argued that military courts lacked impartiality due to their attachment to the executive branch of government.

Kabaziguruka, alongside 20 UPDF officers, had been charged with treachery and security-related offenses, allegedly committed between February and June 2016 in Kampala, Wakiso, and Luweero.

Delay in Judgment

The Supreme Court acknowledged a four-year delay in delivering its ruling, attributed in part to a fire that damaged the Court’s premises in 2022 and led to the reconstitution of the panel. The Chief Justice appealed for understanding from critics, explaining the challenges that caused the delay.

Implications for High-Profile Cases

The ruling has significant implications for high-profile cases, including those of opposition leader Dr. Kizza Besigye and his aide, Obeid Lutale. Both individuals refused to take pleas before the General Court Martial, citing its lack of jurisdiction over civilians.

The decision marks a critical step toward judicial independence and upholding constitutional rights, signaling an end to the trial of civilians in military courts and paving the way for comprehensive legal reforms.

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