Museveni slams Supreme Court over ‘wrong’ decision stopping trial of civilians in military courts
Supreme Court building. Inset is Chief Justice Alfonse Owiny-Dollo (L) and President Museveni (R) . PHOTOS/ FILE/ ABUBAKER LUBOWA
What you need to know:
- According to the justices of the court, the General Court Martial, the Division Court Martial, and the Court Martial Appeal Court don’t exhibit “independence and fairness” while dispensing justice since they derive their powers from the High Command, yet the Constitution which is the supreme law of the land, demands a fair and impartial trial for every citizen.
President Museveni has slammed the Supreme Court over its decision to stop the military courts from trying civilians.
The country’s highest court on Friday nullified “with immediate effect” all ongoing prosecutions of civilians in the General Court Martial and the military courts describing them as unconstitutional before making a raft of recommendations which call for amendment of the Uganda People's Defence Force (UPDF Act which set up the military court.
According to the justices of the court, the General Court Martial, the Division Court Martial, and the Court Martial Appeal Court don’t exhibit “independence and fairness” while dispensing justice since they derive their powers from the High Command, yet the Constitution which is the supreme law of the land, demands a fair and impartial trial for every citizen.
“All charges, or ongoing criminal trials, or pending trials, before the courts-martial involving civilians must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction,” Chief Justice Alfonse Owiny-Dollo ruled in the majority judgment receiving a thunderous uproar from the curious opposition politicians and human rights activists who attended court.
Reacting to the judgment on Saturday, President Museveni, 80, said he was “sorry to hear of the wrong decision” by the Supreme Court adding that “ the country is not governed by the Judges” whom he believes are “foreign oriented in this matter.”
In another attempt to defend the military courts which his critics say are being used to persecute his political opponents, Mr Museveni who has been in power since 1986 when he shot his way to State House through a five-year guerilla warfare, said military trials is a method which freedom fighters like himself support because it reinforces the Civilian Judicial System to defend the lives of "our people" against criminals armed with guns.
“If you are not a soldier, why do you arm yourself with guns and, moreover, for criminal purposes and illegally, that are a monopoly of the Armed Forces?” he said in a statement posted on his X handle.
He said the Attorney-General will propose the amendments to the constitution of the laws to help judges in future from “interfering with this useful self-protection instrument” for the country and also remove any irrationalities if any.
“Anyway, the country is not governed by the Judges. It is governed by the People –all of us Ugandans, that are old enough to vote. In the matter of the Constitution and other legislations, we govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament,” the president added.
Several opposition supporters, including veteran politician Dr Kizza Besigye, his aide Obeid Lutale who were allegedly kidnapped from Nairobi in November 2024 year are being prosecuted in the General Court Martial on charges ranging from treachery to illegal possession of guns.
Others are National Unity Platform (NUP) platform supporters who were arrested during and after 2021 presidential elections on charges of illegal possession of explosive devices and wearing red berets which the UPDF say are a monopoly of the Defence Forces.
Dr Besigye, a retired colonel and Lutale declined to take plea on grounds that the General Court Martial lacks the jurisdiction to prosecute civilians.
Museveni's full statement;
Fellow Ugandans, especially the Bazzukulu.
Greetings. I have just come back from wonderful inspection trips for wealth creation in Busoga and Lango. It is wonderful to see our village People waking up and using the Sh. 1million of PDM and the Emyooga money to join the money economy with ekibaro (cura, aimar, otita).
However, on getting back to Kampala, I was sorry to hear of the wrong decision by the Supreme Court in the matter of the fire-arms armed civilians being tried by the Military Court Martial. This is a method which we the freedom fighters support because it reinforces the Civilian Judicial System to defend the lives of our People against Criminals armed with guns. If you are not a soldier, why do you arm yourself with guns and, moreover, for criminal purposes and illegally, that are a monopoly of the Armed Forces?
If you voluntarily acquire these guns, why should you complain when you are tried in a forum that deals with those matters when soldiers are involved?
Nevertheless, according to the summary AG gave me on the phone, there appears to be some positive movement among our foreign oriented Judges even in this matter. First, Justices Chibita and Mugyenyi, sided with the logic that we the simple People understand and supported the guns armed criminals being tried in the Court Martial.
ICYMI:
Salutations to those two Judges. Secondly, even the CJ ruled that the Court Martial could be used if adjustments are done here and there. I salute that contribution. Even the others who ruled against us, had some interesting comments that will be followed up that point towards the need for some rationalization in the procedure of trying civilians in the Military Courts.
Somebody wondered why even a soldier should be tried in a Military Court for rape. We shall analyze all that. However, one of the aims of the military courts is to protect the Army against crime and to ease procedures.
How easy will it be to try soldiers who have stolen Army rations in civilian courts because stealing is an offence in the penal code? Why not try them in the military court with a right to appeal to the higher National Courts if you are not satisfied?
The Military Courts, helped us to discipline Karamoja. We cannot and will not abandon this useful instrument for stability. Civilian magistrates were even fearing to go to Karamoja. The Military Courts have pacified Karamoja and also saved the thousands of Karachunas (warrior youths) that are now guests of the State in the Prisons, who could, probably be dead by now in their confrontations with the Army.
Anyway, the country is not governed by the Judges.
It is governed by the People –all of us Ugandans, that are old enough to vote. In the matter of the Constitution and other legislations, we govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament.
The Judges interpret the laws: let, therefore, the Attorney-General propose the amendments to the constitution of the laws to help our Judges in future from interfering with this useful self-protection instrument for the Country and also remove any irrationalities if any.
If jurisdictions in the Western Countries can provide that a man can marry another man or a woman another woman, why can’t ours provide that a criminally minded civilian that acquires a gun for criminal intentions, be tried in a Military Court?
Back to some of our Judges, the rape, corruption, etc., cases are tried in Military Courts to protect the institution of the Army. The guns armed illegal operators should be tried, initially, in Military Courts to protect the Society.
Signed:
Yoweri K. Museveni
President of Uganda
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