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Uganda’s Supreme Court has ruled that the UPDF General Court Martial has no jurisdiction over civilians, bringing relief to opposition leader Col Dr Kizza Besigye and others facing military trials.
In a landmark ruling, Chief Justice Alphonse Owiny-Dollo and five other justices declared that several provisions of the UPDF Act were 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 decision is expected to impact ongoing military trials of civilians, including Besigye and his co-accused, Obeid Lutale.
Supreme Court Declares Military Trials for Civilians Unconstitutional
Delivering the judgment, Chief Justice Owiny-Dollo ruled that provisions of the UPDF Act, which gave 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," ruled the Chief Justice.
He further ruled that Sections 179(1) and 2, as well as Section 197(2) of the UPDF Act, contradict Articles 129(1) and 126(1) of the Constitution, making them unconstitutional.
Additionally, the court 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 also unconstitutional.
Court Martial Found to Be Lacking Independence and Impartiality
The justices criticised the Court Martial for lacking constitutional safeguards necessary for the independence and impartiality required for fair trials.
Justice Faith Mwondha ruled that while the General Court Martial is recognised as a subordinate court, its jury composition undermines its fairness.
The General Court Martial’s jury membership under Section 195 of the UPDF Act undermines its independence and impartiality and is inconsistent with the fundamental rights to a fair trial enshrined in Articles 121 and 44 of the Constitution.
Justice Monica Kalyegira Mugenyi suggested that the Court Martial should be composed primarily of civilian judges appointed by the Judicial Service Commission, rather than military officers.
Justice Catherine Bamugemereire further ruled that although the General Court Martial can exist for disciplining military personnel, its use against civilians is 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 orders that:
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 will not affect past convictions unless they are currently being appealed.
The respondent, Michael Kabaziguruka, is entitled to the costs of this appeal.
This ruling is a major victory for civilians who have been 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.