Uganda’s Supreme Court halts trial of civilians in military courts

Kampala, (UG): Uganda’s Supreme Court, the highest court in the land Friday delivered a landmark judgment suspending all proceedings in the General Court Martial (GCM) with immediate effect.

“All ongoing trials involving civilians in the court martial must immediately cease and be transferred to ordinary courts of law,” Chief Justice Alfonse Owiny-Dollo declared in the majority ruling by a seven-justice panel.

The landmark decision upholds a Constitutional Court ruling that had nullified military trials of civilians, dealing a blow to the government’s longstanding position on the matter.

The seven-panel member of Justices ruled during a fully-filled Supreme Court hall on Friday that military courts, including the Field Court Martial, the General Court Martial, and divisional military courts, are specialized courts with a mandate limited to offences related to the discipline of the Uganda People’s Defence Forces (UPDF).

Additionally, the Supreme Court also ordered that all civilian cases currently under the GCM be transferred to ordinary courts of law with competent jurisdiction.

Justice Catherine Bamugemereire, for example, found that the GCM, as it stands, lacks the constitutional mandate to try civilians, stating that its structure and procedures violate the principles of fairness and impartiality guaranteed under Uganda’s Constitution.

“Judicial power, as per the law, is vested in the judiciary, and the General Court Martial is subordinate to the judicial system,” Bamugemereire held, adding; “It is an overreach to create an offense making civilians liable for crimes under military law.”

The judges further emphasized that the composition of military courts, which includes serving army officers under directives from their appointing authorities and lacking legal expertise, undermines their ability to conduct independent and impartial trials.

“Imagine myself, the Chief Justice of Uganda, who has never done any military training, leading a battlefield and defending the country against an enemy,” Chief Justice Owiny-Dollo, remarked, emphasizing the importance of professionalism, particularly in administering justice.

The Supreme Court also awarded costs to the respondents, a decision seen as a strong rebuke of the government’s stance.

The landmark ruling comes amid ongoing trials involving high-profile political figures such as opposition leader Dr Kizza Besigye, and his co-accused Hajj Obeid Lutale, who Thursday petitioned the high court to over their continued trial under the GCM.

The ruling is expected to have far-reaching implications, with legal experts urging the government to undertake necessary reforms to align the military justice system with constitutional provisions.

It now remains to be seen whether the military court will comply with the highest legal decision in the land and free not only Dr Besigye and his associate Obeid Lutale but also their lawyer Eron Kiiza, who was jailed for nine months by the military court.