Kampala, (UG):- The Uganda Law Society (ULS) President, Mr Isaac Ssemakadde Thursday announced plans to meet Uganda’s Chief Justice Alfonse Chigamoy Owiny-Dollo over the ongoing legal controversy surrounding the trial of civilians in military courts.
The development comes after lawyers representing opposition leader Dr Kizza Besigye and Haji Obeid Lutale, (who were abducted from Kenya) petitioned the Law Society for the continued trial of their clients in the General Court Martial.
The petition, presented to Ssemakadde on Thursday by Lawyer Erias Lukwago on behalf of Dr Besigye’s lead counsel Martha Karua Wangari, SC, highlighted egregious violations of constitutional rights and called for the immediate and unconditional release of one of their members, lawyer Eron Kiiza, who was assaulted, obstructed, and imprisoned for nine months over what GCM described as ‘contempt of court’.
“The defense team alleges that this obstruction and assault were premeditated acts intended to provoke Kiiza and provide grounds for punitive action. The oppressive atmosphere in court has reportedly intimidated other defense lawyers, reducing their numbers from 42 to 23,” the petition reads in part.
According to the petitioners, the obstruction and imprisonment of Eron Kiiza violate the UN Basic Principles on the Role of Lawyers and Uganda’s constitutional and statutory laws which guarantee lawyers the right to represent their clients without harassment, threats, or intimidation.
Besigye’s lawyers further outlined the dangers posed by the continued use of military courts to try civilians, citing international legal standards and Uganda’s constitutional guarantees of fair trial rights. They called on human rights organizations, the international community, and the Uganda Law Society to:
- Advocate for the immediate release of Eron Kiiza.
- Demand protection for lawyers handling contentious cases.
- Push for expedited rulings on constitutional petitions.
- End the practice of subjecting civilians to military trials.
In response to the petition, ULS President Isaac Ssemakadde criticized the judiciary’s inability to provide timely rulings on critical constitutional matters, stating that the lack of clarity on the legal framework governing military courts has caused immense trauma and undermined public trust in the justice system.
“Why should the General Court Martial reconvene on 3 February 2025 without the guidance of the Supreme Court?” Ssemakadde asked, adding that the delay has emboldened the military to harass advocates, journalists, and human rights defenders.
The RadicalNewBar President revealed plans to lead a high-level ULS delegation to meet with Chief Justice Owiny-Dollo to demand a judgment date for the Kabaziguruka appeal, which has been pending for over four years.
“It is therefore crucial that our meeting with the Chief Justice should result in a judgment date, to arrest public anger and curb long-term harm to our judiciary,” Ssemakadde said, urging “the Supreme Court to find time between January 20-31, 2025, to put a stop to this culpable delay and fix a historical wrong that has undermined the legitimacy of the judiciary and the entire legal system.”
“For the sake of vulnerable communities like those in Karamoja at risk of continued military repression and human rights abuses, the Supreme Court of Uganda must act with urgency and humanity to deliver the judgment in AG v. Michael Kabaziguruka,” he concluded.
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