Supreme Court to Deliver Landmark Ruling on Trial of Civilians in Military Courts

Supreme Court to Deliver Landmark Ruling on Trial of Civilians in Military Courts

The Supreme Court is set to deliver a highly anticipated ruling this morning that will determine whether civilians can legally be tried in military courts, bringing finality to a long-standing constitutional debate.

A seven-member panel led by Chief Justice Alfonse Owiny-Dollo will decide whether military trials for civilians violate Uganda’s Constitution or if such proceedings are legally justified. The other justices presiding over the case include Catherine Bamugemereire, Night Percy Tuhaise, Mike Chibita, Elizabeth Musoke, and Monica Mugenyi.

The ruling comes amid heightened legal and political tensions, as four-time presidential candidate Dr. Kizza Besigye and his aide Obeid Lutale continue to challenge their prosecution before the General Court Martial in Makindye, Kampala. The duo, currently on remand, faces treachery charges following their arrest in Nairobi, Kenya, in November last year and subsequent forcible return to Uganda to stand trial before the military court.

Dr. Besigye and Mr. Lutale have refused to enter a plea, arguing that since they are not serving military officers, they should not be subjected to trial under a court that primarily handles cases involving Uganda People’s Defence Forces (UPDF) personnel.

The prosecution maintains that until the Supreme Court rules on the case of Attorney General vs. Michael Kabaziguruka, which challenges the legality of civilian trials in military courts, proceedings against Besigye and Lutale can lawfully continue. However, multiple constitutional rulings have previously established the unconstitutionality of trying civilians in military courts. Among these cases is Kabaziguruka vs. Attorney General, where former Nakawa East MP Michael Kabaziguruka and others were accused of attempting to overthrow the government by force of arms.

In 2021, the Constitutional Court, in a 3:2 majority decision, ruled that while the General Court Martial is a legally recognized court, its jurisdiction is limited to serving UPDF officers. However, the Attorney General appealed the decision to the Supreme Court and successfully secured a stay of execution, delaying the enforcement of the Constitutional Court’s ruling.

The prolonged delay in delivering the final verdict has been attributed to several setbacks, including the deaths of Justices Stella Arach-Amoko and Ruby Opio Aweri, as well as the retirement of Justice Faith Mwondha early last year. The Judiciary also cited the fire outbreak at the Chief Justice’s Chambers in Kololo as a contributing factor to the delays.

The lack of a ruling has drawn criticism from human rights activists and legal professionals. Speaking at a press briefing last week, Uganda Law Society president Isaac Ssemakadde demanded an immediate decision before Dr. Besigye and his co-accused return to the General Court Martial on February 3.

“We don’t care which way you rule, we just want your judgment like yesterday,” Ssemakadde stated.

As the Supreme Court delivers its judgment today, the ruling is expected to set a definitive precedent on the powers of military courts and their jurisdiction over civilians in Uganda.

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