Uganda’s Supreme Court has ruled that the UPDF General Court Martial has no jurisdiction over civilians, marking a major victory for opposition leader Col Dr Kizza Besigye and others facing military trials.
Landmark Ruling Declares UPDF Act Provisions Unconstitutional
In a decisive ruling, Chief Justice Alphonse Owiny-Dollo and five other justices declared several provisions of the UPDF Act unconstitutional, effectively ending the military tribunal’s role in prosecuting civilians. The ruling follows a petition filed by former Nakawa MP Michael Kabaziguruka, who challenged his 2016 trial before the Court Martial, arguing that it violated his constitutional rights.
The judgment is expected to impact ongoing military trials of civilians, including Besigye and his co-accused, Obeid Lutale.
Court Declares Military Trials for Civilians Unconstitutional
Delivering the judgment, Chief Justice Owiny-Dollo ruled that provisions of the UPDF Act, which granted the Court Martial jurisdiction over capital offences committed by civilians, violated Uganda’s Constitution.
“The UPDF Act provisions which grant the military court exercise of judicial power of detention and imprisonment of any person tried by them contravene Articles 23, 126(1), and 121 of the Constitution.”
Additionally, the court found that Sections 179(1) and (2), and Section 197(2) of the UPDF Act contradict Articles 129(1) and 126(1) of the Constitution, rendering them unconstitutional.
The Supreme Court also ruled that Section 119 of the UPDF Act, which allowed civilians to be tried by the Court Martial for allegedly aiding and abetting military offences, was unconstitutional.
Court Martial’s Lack of Independence and Impartiality
The justices criticized the Court Martial for lacking constitutional safeguards necessary for independence and impartiality required for fair trials.
- Justice Faith Mwondha ruled that while the General Court Martial is recognized as a subordinate court, its jury composition undermines its fairness.
- Justice Monica Kalyegira Mugenyi suggested that the Court Martial should primarily include civilian judges appointed by the Judicial Service Commission rather than military officers.
- Justice Catherine Bamugemereire ruled that the General Court Martial should only discipline military personnel, stating its use against civilians was an overreach.
“For creating such vulnerabilities, I would declare Sections 1, 117, and 117(h) unconstitutional. I would forthwith suspend all operations of the courts-martial, save for the hearing of disciplinary matters pertaining to serving officers.”
Orders Issued to Transfer Civilian Cases to Ordinary Courts
The Supreme Court issued the following orders:
- All criminal trials or pending cases involving civilians before the General Court Martial must immediately cease and be transferred to ordinary civilian courts with competent jurisdiction.
- The judgment does not affect past convictions unless they are currently being appealed.
- The respondent, Michael Kabaziguruka, is entitled to the costs of this appeal.
A Victory for Civilians Facing Military Trials
This ruling is a major win for civilians subjected to military trials, including Dr Kizza Besigye. The military court had resisted his lawyers’ demands to be tried in a civilian court, arguing that the Supreme Court had yet to decide on the matter.
With this ruling, Uganda’s judiciary has reaffirmed constitutional protections and reinforced civilian rights, ensuring military courts no longer exceed their jurisdiction.
