Kampala, (UG):- The Supreme Court of Uganda is today expected to deliver the highly anticipated ruling in the stalled case, Attorney General vs. Hon. Micheal Kabaziguruka (Constitutional Appeal No. 02 of 2021) regarding the trial of civilians in military courts.
This case, whose ruling Uganda human rights defenders, activists and the entire legal fraternity highly await, was initiated in 2021 after Hon. Micheal Kabaziguruka, a former Member of Parliament and opposition politician, sought the intervention of the highest court in the land to challenge the constitutionality of military courts trying civilians.
In a July 2021 ruling, the Constitutional Court declared that it is unconstitutional for civilians to be tried in the military courts, especially if they have not subjected themselves to the military system.
“The General Court Martial’s jurisdiction is only limited to trying offenses specified under the Uganda People’s Defence Force (UPDF) Act, only in respect of persons subject to the military law,” the court ruled.
The Attorney General, however, petitioned the Supreme Court challenging the Constitutional Court decision and asked for a stay of execution of its orders which was granted.
The case recently gained momentum again when activists amplified their calls for the Supreme Court to address the issue following the brutal arrest and unfair sentence of lawyer Eron Kiiza to 9 months at Kitalya government prison.
Kiiza’s conviction has been condemned by human rights organizations as a glaring example of the systemic injustices civilians face in military trials.
The ULS President, Mr Isaac Ssemakadde recently condemned the Supreme Court’s delay in delivering the Kabaziguruka judgment, stating that the delay has “eroded trust in the judiciary” and fostered “a culture of disregard for the rule of law.”
“The Supreme Court’s delay in delivering the Kabaziguruka judgment is now perceived as enabling military repression of political opponents, stifling dissent, and perpetuating a culture of fear. 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,” Ssemakadde said on Thursday, January 16, 2025.
“We call upon 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,” he added.
Today, a seven-member panel led by Chief Justice Alfonse Owiny–Dollo is set to deliver the ruling which Ugandans eagerly await. Other judges on the panel are Faith Mwondha, Night Percy Tuhaise, Mike Chibita, Monica Mugenyi, Catherine Bamugemereire and Elizabeth Musoke.
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