Museveni defends Court Martial jurisdiction, praises role in Uganda’s stability

President Museveni has strongly defended the jurisdiction of the Court Martial in Uganda, highlighting its pivotal role in maintaining the country's peace and stability. 

In a statement released on Thursday, Mr Museveni reaffirmed the necessity of the Court Martial system, particularly in handling criminal cases involving civilians who have taken up arms.

The President’s remarks come in response to ongoing debates in legal circles concerning the legitimacy of trying civilians in military courts. The debate was recently reignited by the current trial of veteran Opposition stalwart, Dr Kizza Besigye, and his aide Hajj Obeid Lutale Kamulegeya in the General Court Martial. 

The duo was allegedly abducted on November 16, 2024 from Nairobi, Kenya where they had travelled to attend Ms Martha Karua’s book launch before they were brought back into Uganda by road through the eastern border post and later arraigned in the military court.
They face charges related to security, and being in unlawful possession of firearms and ammunition.

Some lawyers have raised concerns about the fairness of such trials, given the nature of the General Court Martial as a military institution. However, Mr Museveni has made it clear that the move to include civilians in the military justice system was a deliberate and essential decision that has greatly contributed to Uganda’s national security.

“I have seen the arguments in the papers by some lawyers regarding the correctness of some civilians being tried in the Court Martial. I want to affirm that, that move was correct and useful and it has contributed to the stabilisation of Uganda,” he said in statement released on Thursday on his X (formerly Twitter) handle.

He went on to explain that the law, which was enacted by Parliament in 2005 under the National Resistance Movement (NRM), was a response to the growing threat of armed criminals and terrorists who were using guns to indiscriminately kill civilians.

“The civilian courts were clogged with the many court cases of the whole country: murders, rape, assaults, robbery, land matters, divorce matters etc., etc. They could, therefore, not handle these gun-wielding criminals quickly. Yet, for stabilization you need speed,” he emphasised. 

The President pointed out that these criminals, despite not being part of the formal military, had voluntarily acquired weapons and used them to terrorise the population. As such, they effectively became "soldiers" in the eyes of the law, and the Court Martial was the most appropriate forum to try them.

He also defended the integrity of the Court Martial system, asserting that it is subordinate to the country’s higher courts, which provide a check on any errors made in the military courts. 

"If the Court Martial judged badly, the higher courts can rectify it," Mr Museveni noted, reassuring the public that the system ensures justice is served while also maintaining national security.

In his statement, Mr Museveni also reflected on the situation in Karamoja, where the Court Martial played a central role in restoring peace. He recalled how the region had been plagued by violent, armed youth.

“Just by coincidence, last week, I started my tour of Karamoja. While there, the leaders and elders appealed to me to pardon the, apparently, thousands of the Karamojong youth that had been safely put in prison by the active Court Martial courts in the 3rd Division AOR (Area of Responsibility). Kitalya Prison, has, apparently, 2000 inmates and the Karamojong youth account for 900 of that number,” he noted.

“… one of the factors that caused the return of peace in Karamoja and the neighbouring areas. It was the efficient and focused work of the military courts that had supplemented the military operations, by legally putting away these confused youths from society for a given period. This was in contrast to the child play of producing these criminals in civilian courts, where they are granted bail or being kept on remand endlessly where they form part of the backlog of the general court system,” he further explained.

He also revealed that he had directed the Chief of Defence Forces (CDF) to audit the cases of these detainees to determine who could be released. “I have already directed the CDF together with his army colleagues to audit the Karamojong youth who are in prison now, to see the ones who can be pardoned separate from the hardcore criminals who should not be pardoned yet.”

The President also addressed concerns from legal professionals, questioning why some lawyers fail to understand the rationale behind the system. He suggested that if a referendum were held in Karamoja and surrounding districts, the majority of the population would support the continued use of the Court Martial for such cases, given the region's experience with the benefits it has brought in maintaining peace.

"Long live the eyokyeero of the Court Martial courts!" Museveni exclaimed, praising the system for its dedication to safeguarding Uganda’s security.

About the Courts 

Under the civilian courts, the Judicial Service Commission is the government body that is mandated with the recruitment and discipline of errant officers. However, from the rank of registrar to judges of the High Court, Court of Appeal, and Supreme, the officers to these positions, are recommended by the Judicial Service Commission from whom a list is sent to the President to appoint from. The judges have one more recruitment step that they go through of appearing before the Parliament for vetting.

On the other hand, the members of the General Court Martial are appointed by the High Command, chaired by the President.

The appointment of the judicial officers is on a permanent and pensionable basis while those of the military court, are appointed on a short-term tenure of one year which is renewable once.