After years of anticipation, heated media debates, street protests, and numerous arrests, the Supreme Court in Kampala has finally set January 31, 2025, as the date for delivering its judgment in a landmark case challenging the jurisdiction of military courts to try Ugandan civilians.
The announcement follows the controversial case of retired opposition politician Col. (rtd) Dr. Kizza Besigye and his aide, Obeid Lutale. The two were abducted from Nairobi, Kenya, in November 2024, and subsequently arraigned before the General Court Martial in Makindye, Kampala. They declined to take a plea, arguing that military courts lack the legal mandate to try civilians. Their argument was backed by a 2021 Constitutional Court ruling, which stated that the General Court Martial has no jurisdiction over civilians.
Background to the Case
The Attorney General, dissatisfied with the Constitutional Court’s decision, filed a petition with the Supreme Court, seeking to overturn the ruling. The petition also requested a stay of execution of the Constitutional Court’s orders, which was granted. The upcoming judgment will therefore have far-reaching implications for the judicial landscape in Uganda.
A notice from the Supreme Court, dated Friday, confirmed the judgment date:”Take notice that the judgment of this appeal has been fixed for the 31st day of January, 2025, at 09:30 AM or soon thereafter as the judgment in this appeal will be delivered in this court. If no appearance is made by you or by anyone authorized to act for you, the judgment shall be delivered in your absence,” reads part of the document signed by the registrar, Ms. Mary Babirye.
Constitutional Court’s Ruling
In its 2021 judgment, the Constitutional Court ruled that it is unconstitutional for civilians to be tried by military courts unless they are subject to military law under the Uganda People’s Defence Forces (UPDF) Act.
The court declared: “The General Court Martial’s jurisdiction is only limited to trying offenses specified under the Uganda People’s Defence Force (UPDF) Act, only in respect of persons subject to the military law.”
The judges directed that all civilian cases before the military court be transferred to civilian courts within 14 days, under the guidance of the Director of Public Prosecutions (DPP). The ruling arose from a case filed by former Nakawa MP Michael Kabaziguruka, who argued that the military court is inherently partial as it is directly attached to the Executive arm of government and chaired by the head of state.
Kabaziguruka, alongside 20 UPDF officers, faced charges of treachery and other security-related offenses, allegedly committed between February and June 2016 in Kampala, Wakiso, and Luweero. The State accused the group of plotting to infiltrate the Defense forces and overthrow the government using firearms.
Government’s Position
The Attorney General’s office contested the Constitutional Court’s decision, claiming that it undermined the independence and impartiality of the General Court Martial. “The learned majority justices of the Constitutional Court erred in law in finding that the General Court Martial is not impartial or independent and is inconsistent with Article 28 (1) of the Constitution,” reads part of the notice to appeal.
Supreme Court Panel
The Supreme Court’s ruling will be delivered by a seven-member panel led by Chief Justice Alfonse Owiny-Dollo. Other members of the bench include Justices Faith Mwondha, Night Percy Tuhaise, Mike Chibita, Monica Mugenyi, Catherine Bamugemereire, and Elizabeth Musoke.
Civil Liberties at Stake
The ruling on January 31, 2025, is expected to set a significant precedent regarding the separation of powers and the rights of civilians under Ugandan law. Civil rights advocates and legal experts have expressed hope that the judgment will strengthen constitutional protections and clarify the jurisdictional limits of military courts.