
Police lead journalist and lawyer, Agather Atuhaire to the Central Police Station in Kampala following her arrest on January 9, 2025. PHOTO/ ABUBAKER LUBOWA
Human rights activist and lawyer Agather Atuhairwe has been arrested as she attempted to march in Kampala over the Supreme Court's delayed judgment in a case which bears direct relevance to the jurisdiction of military courts over civilians.
Ms Atuhaire, a journalist by profession, was arrested alongside another lawyer, Godwin Toko and five other human rights activists on Thursday morning and are currently detained at Kampala Central Police Station.
Their protest was prompted by the arrest and sentence of veteran opposition politician, Dr Kizza Besigye’s lawyer, Eron Kiiza by the General Court Martial in Makindye, Kampala on charges of contempt of court.
Police identified the other protests as George Otieno, Akram Mubala, Norah Kobusinge, Khatondi Wepuhulu and Praise Opoloje Aloikin.
"All I'm saying is that the law in this country should be followed. What we were trying to do is go to the Supreme Court to ask the Chief Justice (Alfonse Owiny-Dollo) why he has sat on cases that are affecting people's lives. He has sat on the case for four years. People are being tried in the military tribunal. A lawyer that is representing his client was picked very roughly and taken to prison," Ms Atuhaire aid as she was being led to police by two female officers.
Kampala Metropolitan police spokesperson, Patrick Onyango said the activists were arrested on charges of being a common nuisance..
"A group of alleged political activists, including some lawyers affiliated with the Uganda Law Society, staged an illegal demonstration today, January 9, 2025, at around 9:00 a.m. The protesters, who gathered in two small groups, marched towards the High Court in Kampala, carrying placards that called for the release of Aaron Kiiza, who was convicted of contempt of court in the General Court Martial, and Dr. Kizza Besigye, among others. The suspects are currently being held at CPS Kampala, and their case files are being prepared for the State Attorney and subsequent court proceedings on charges of being a common nuisance," Mr Onyango said in a statement.
Ms Atuhaire's arrest came minutes after she posted on her X handle saying she and a group of other concerned Ugandans had decided to peacefully march to Uganda's highest court "after some thought and the realization that other forms of action e.g our application to the Judiciary over the Kabaziguruka decision and a letter articulating the urgency of the matter of unchecked powers given to the military courts have continued to be ignored..."
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In May 2024, a panel of seven judges, led by Chief Justice Alfonse Owiny-Dollo, announced that the fate of the Military Court's jurisdiction in trying civilians would be delivered on notice by the Supreme Court.
The government, through the Attorney General, challenged a decision that stopped military courts from trying civilian suspects.
Other judges on the panel are Faith Mwondha, Night Percy Tuhaise, Mike Chibita, Monica Mugenyi, Catherine Bamugemereire, and Elizabeth Musoke.
“The case was delayed due to the loss of four judges from the penal that first handled the case. Two of the justices, Paul Mugamba and Ezekiel Muhanguzi, retired, while Opio Aweri and Stella Arach Amoko died. That was so unfortunate. We had to reconstitute and hear the matter afresh since we had no control over the matters; we will deliver the judgement sooner than later,” said Chief Justice Dollo said in May 2024.
In July 2021, the Constitutional Court declared that it was 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 offences specified under the Uganda People’s Defence Force (UPDF) Act, only in respect of persons subject to the military law,” the Constitutional Court ruled.
The constitutional Court judges directed that the case files involving civilians before the army court be transferred to civilian courts on the advice of the Director of Public Prosecutions (DPP) for further management within 14 days from the date of judgment.
However, the government in its petition to the Supreme Court faulted the Constitutional Court judges for determining that the jurisdiction of the General Court Martial was only limited to trying military offences.
The Constitutional Court decision arose from Mr Kabaziguruka's case, where he argued that the military court could not be impartial on the grounds that it is attached to the Executive arm of government, which is appointed by the High Command and chaired by the head of state (Mr Yoweri Museveni), who has powers to hire and fire them.
Kabaziguruka's lawyers led by Mr Medard Ssegona told the Supreme Court that the matter was pending judgment since they already filed written submissions following the court's directions.
“This matter was heard but we did receive summons for your guidance otherwise it had reached the judgement stage. We made oral and written submissions. The matter was left for judgment we are here seeking your guidance,” he argued.
He argued that there is a need for the judiciary to pronounce itself on this matter since an interim order was issued after the 2021 Constitutional Court order and there was another order issued in the same matter pending.
The former Nakawa legislator, alongside 20 UPDF officers, was being tried before the General Court Martial in Makindye over offences of treachery and others related to security.
The State had accused Mr Kabaziguruka and his group of plotting to infiltrate defence and overthrow the government by use of firearms.
The offences were allegedly committed between February and June of 2016 in Kampala, Wakiso and Luweero.
Additional reporting by Juliet Kigongo