After two decades of legal battles, Ugandans are anxiously awaiting a Supreme Court ruling that could put an end to the trial of civilians in military courts—or cement the practice for years to come.
The landmark decision, expected tomorrow, is set to determine whether the controversial provision allowing civilians to be tried by the army remains in place.
The issue dates back to the early 2000s, when the government cracked down on the alleged rebel group, the People’s Redemption Army (PRA).
The group was accused of plotting to overthrow President Museveni’s government, with claims of support from opposition leader Col (Rtd) Dr Kizza Besigye, who was then in exile in South Africa.
Many of those arrested were civilians, yet they were tried in military courts rather than civil ones, sparking outrage over judicial fairness.
A major turning point came when Justice James Ogoola granted bail to PRA suspects in a civilian court. But as soon as they stepped outside, they were re-arrested by the infamous Black Mamba commando unit, a heavily armed security outfit.
Politician and lawyer Erias Lukwago, who was deeply involved in the case, recalls the dramatic events of that day.
“I remember when Justice Ogoola gave the PRA suspects bail, but they refused to leave court, fearing the Black Mambas would capture them,” Lukwago said.
“They stayed inside until 8pm, and even when the judge escorted them out, they were still snatched outside the court.”
The incident led to nationwide outrage and a legal practitioners’ strike. It was during this period that Justice Ogoola penned his now-famous poem, The Rape of the Temple, condemning the violation of judicial independence.
In his verses, Ogoola laments the intrusion of armed forces into the courtroom, likening it to the desecration of a holy place where justice should remain untouchable.
Under mounting pressure, President Museveni initially conceded, and a civil court ruled that civilians could not be tried in military courts.
But that victory was short-lived. The government swiftly amended the Uganda People’s Defence Forces (UPDF) Act in 2005, creating a legal framework that allowed the military to continue trying civilians. Despite fresh appeals to the Supreme Court, the practice has persisted for nearly 20 years.
“We appealed to the Supreme Court, and they upheld the Ogoola ruling, but we’ve been waiting for this final judgment,” Lukwago said.
Now, as the ruling nears, the stakes could not be higher. A decision in favor of the status quo would mean that civilians will continue to face military trials, while a ruling against it would overturn years of military court jurisdiction over non-combatants.
“If they rule against us, we will have gone back to square zero,” Lukwago admitted. “I’m actually in panic over how this will play out.”
For many Ugandans, tomorrow’s decision is more than just a legal ruling—it is a defining moment for the country’s judicial independence. As the hours tick down, all eyes are on the Supreme Court, waiting to see which way justice will swing.
