Supreme Court Sets January 31 for Landmark Ruling on Civilians in Military Courts

This long-awaited decision stems from a 2021 appeal filed by the Attorney General after the Constitutional Court declared the trial of civilians in the General Court Martial unconstitutional.
The Supreme Court has set January 31, 2025, as the date for delivering its much-anticipated ruling on the constitutionality of trying civilians in military courts.
This long-awaited decision stems from a 2021 appeal filed by the Attorney General after the Constitutional Court declared the trial of civilians in the General Court Martial unconstitutional.
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The case was initially brought by former Nakawa MP Michael Kabaziguruka, who challenged his trial in the military court after being arrested and charged with treachery.
In a landmark judgment, Justice Hellen Obura of the Constitutional Court ruled that trying Mr. Kabaziguruka, a civilian, in the General Court Martial violated Article 28(1) of the Constitution, which guarantees the right to a fair hearing before an independent and impartial tribunal.
The ruling emphasized that civilians should be tried exclusively in civilian courts to uphold constitutional principles of justice and fairness.
However, the Attorney General appealed the decision in 2021, sending the case to the Supreme Court, as the government sought to defend its ability to prosecute civilians in military courts.
After nearly four years of delay, the Supreme Court is finally set to deliver its verdict.
"Take note that the judgment of this appeal has been fixed for January 31, 2025, at 9:00 a.m., or soon thereafter as the judgment will be delivered in this court," wrote Supreme Court Registrar Thadius Ayebare Tumwebaze in a notice issued on January 24.
The decision comes at a time of heightened tension in the country, following recent arrests of opposition members linked to the Forum for Democratic Change (FDC) Katonga faction and the ongoing trial of veteran opposition figure Dr Kizza Besigye in the General Court Martial.
Dr Besigye and his associate, Obeid Lutale, are facing treachery charges, which carry a maximum sentence of death.
A senior military officer recently escalated the tension by claiming on social media that Dr Besigye, a four-time presidential candidate, would be executed on Heroes Day, June 9.
The Supreme Court's ruling is expected to address longstanding concerns about the jurisdiction of military courts over civilians. In previous landmark cases, courts have consistently ruled against such trials.
In the 2022 case of Retired Captain Amon Byarugaba, the Court of Appeal declared that military courts are not courts of judicature as defined by the Constitution and, therefore, lack jurisdiction to try civilians.
The court also held that Parliament overstepped its mandate by enacting provisions in the Uganda People's Defence Forces (UPDF) Act that allow such trials.
Similarly, in the 2009 case of Jackson Karugaba and Uganda Law Society, the Constitutional Court ruled that military courts do not meet the constitutional standards of independence and impartiality required for fair trials.
The court emphasised Article 44 of the Constitution, which enshrines the right to a fair trial as a non-derogable right, meaning it cannot be suspended under any circumstances.
The courts have also consistently referred to Article 126, which mandates that justice be administered in conformity with the law and the values of the people.
The Supreme Court’s upcoming decision is expected to have far-reaching implications for the legal framework governing military courts and their jurisdiction over civilians in Uganda.
Last December, the Supreme Court has issued a landmark ruling that reaffirms the jurisdictional boundaries between military and civilian courts, essentially barring military personnel tried from appealing their conviction in civil courts.
The top-most court in the land ruled that civil courts lack the authority to hear appeals from soldiers tried and convicted by military courts, including the Court Martial.