
A general view of court as Ugandan opposition figure Dr Kizza Besigye and his co-accused Obeid Lutale are in the dock at the General Court Martial in Makindye, Kampala, where charges on offences related to security and illegal possession of two firearms and 8 rounds of ammunition were read to them on November 20, 2024. PHOTO/ABUBAKER LUBOWA
After a long wait, countless media debates and streets protests and arrests, the Supreme Court in Kampala has finally fixed January 31, 2025 as the date it will pass its judgment in a case challenging the jurisdiction of the military courts in trying Ugandan civilians.
The judgment date comes after remanded veteran opposition politician, Col (rtd) Dr Kizza Besigye and his aide Obeid Lutale who were in November last year abducted from Nairobi, Kenya and arraigned before the General Court Martial in Makindye, Kampala declined to take plea, arguing that military courts in Uganda do not have powers to try civilians.
Their decision followed a 2021 Constitutional Court ruling which indicated that the General Court Martial has no power to try civilians.
The Attorney General, however, petitioned the Supreme Court challenging the Constitutional Court decision and asked for stay of execution of its orders which was granted.
A Supreme Court notice seen by this publication on Friday indicated that the judgment in the Attorney General’s petition would be delivered later this month.
"Take notice that the judgment of this appeal has been fixed for the 31st day of January, 2025 at 09:30am O'clock in the fare/ afternoon or soon thereafter as the judgment in this appeal will be deliver in this court. If no appearance is made by you or by any one by law authorized to act for you, the judgment shall be delivered in your absence," reads in part the court document signed by the registrar, Ms Mary Babirye.
In July 2021, the Constitutional Court declared that it is 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 offenses specified under the Uganda People’s Defence Force (UPDF) Act, only in respect of persons subject to the military law,” the 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 faulted the judges for determining that the jurisdiction of the General Court Martial was only limited to trying military offences and service officers.
“The learned majority justices of the Constitutional Court erred in law in finding that the General Court Martial is not impartial or independent and is inconsistent with Article 28 (1) of the Constitution,” reads in part the notice to appeal.
The Constitutional Court decision arose from former Nakawa MP, Michael Kabaziguruka’s case where he argued that the military court is partial on 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, who has powers to hire and fire them.
Mr Kabaziguruka alongside 20 UPDF officers, were at the time 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 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.
A seven-member panel led by the Chief Justice Alfonse Owiny –Dollo is set to deliver the ruling later this month.
Other judges on the panel are Faith Mwondha, Night Percy Tuhaise, Mike Chibita, Monica Mugenyi, Catherine Bamugemereire and Elizabeth Musoke.