Uganda Law Society welcomes Supreme Court ruling on trial of civilians in military courts

Kampala, (UG):- The Uganda Law Society (ULS) has welcomed the landmark ruling by the Supreme Court in the case of Attorney General v. Hon. Michael Kabaziguruka, which decisively resolved a 25-year-long legal debate over the trial of civilians in military courts.

The ruling, delivered Friday, January 31, 2025, following a rehearing of the case in May 2024, marks a significant victory for not only constitutional democracy but also the protection of human rights in Uganda.

The ULS in a statement issued just moments after Chief Justice Alphonse Owiny-Dollo’s ruling, said the ruling was a long-overdue development, as Ugandans had suffered under the shadow of military justice, especially in regions such as Karamoja.

“Justice delayed has been justice denied for countless Ugandans who have suffered under the dark shadow of military justice,” ULS President Isaac K. Ssemakadde stated on Friday afternoon, emphasizing that the scars left by military trials will require more than judicial declarations to heal.

The Radical New Bar boss called for immediate compliance with the court’s directive and urged the Uganda People’s Defence Forces (UPDF) and other security agencies to release civilians currently held for trial in military courts.

He particularly stressed that pending prosecutions should be halted, and all relevant cases transferred to civilian courts. Furthermore, the UPDF was urged to revise its internal protocols to prevent future violations of the law.

To ensure legislative alignment with constitutional principles, Ssemakadde emphasized the urgent need for Parliament to amend the UPDF Act.

This includes addressing ambiguities in Section 117(1)(g)(h) that have historically allowed for abuses of jurisdiction. Establishing clear boundaries between military and civilian courts was described as essential to safeguarding civil liberties.

The ULS President also urged the Executive to issue immediate directives ensuring compliance with the ruling across all security agencies. He implored the Director of Public Prosecutions (DPP) Justice Jane Frances Abodo to expedite the discharge of eligible cases and that an inter-ministerial task force be established to oversee the implementation of the ruling.

Ssemakadde emphasized that the ruling must serve as a catalyst for comprehensive reform, reparations, and a guarantee of non-repetition. He stressed that Uganda’s security should be anchored in adherence to constitutional principles rather than the expansion of military jurisdiction.

“True national security lies not in the expansion of military jurisdiction, but in strict adherence to constitutional principles and the rule of law,” he stated.

The country’s law society reaffirmed its commitment to monitoring compliance with the court ruling and providing legal support to affected civilians and pledged to work with Parliament and civil society on necessary legislative reforms while remaining vigilant against attempts to undermine or circumvent the judgment.

“The supreme law of Uganda is the Constitution, not military might. Let this ruling mark the beginning of a new era where this principle is not just acknowledged but properly implemented,” the statement concluded.