Supreme Court ruling against trial of civilians in military courts victory for constitutionalism - ULS
Chief Justice Alphonse Owiny-Dollo (C) speaks during a Supreme Court session to deliver a landmark ruling on the trial of civilians in military courts in Kampala on January 31, 2025. PHOTO/ABUBAKER LUBOWA
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In court, a lawyer representing Kabaziguruka said the ruling implies that “Dr Kizza Besigye must come out [of prison] today and It means freedom."
Uganda Law Society (ULS) has hailed the Supreme Court’s landmark judgement against the trial of civilians in military courts as a “victory for constitutionalism and the rule of law.”
On Friday, seven justices led by Chief Justice Alfonse Owiny-Dollo unanimously upheld the Constitutional Court’s 2021 ruling, turning away an appeal by the Attorney General.
“ULS welcomes today’s Supreme Court judgment in Attorney General Vs Michael Kabaziguruka, which settles a 25-year judicial rigmarole regarding the trial of civilians in military courts,” ULS President Isaac Ssemakadde said.
In a ruling coming 8 months following its reservation after re-hearing of the 2021 appeal on May 13, 2024, Owiny-Dollo ordered that “all charges or ongoing criminal trials or pending trials before the court martial involving civilians must immediately cease and be transferred to ordinary courts of law with jurisdiction.”
“The ruling marks a crucial victory for constitutional democracy and human rights in Uganda. Justice delayed has been justice denied for countless Ugandans who have suffered under the dark shadow of military justice,” Ssemakadde observed.
“The wounds inflicted by this system – particularly in regions like Karamoja – will require more than just judicial proclamations to heal,” he added in a press release.
In court, lawyers representing Kabaziguruka said “we thank this court for this bold decision and seek forgiveness for some lawyers who uttered on issues they don’t understand.”
"It means that civilians should never be subjected to court martial. It means Dr Kizza Besigye must come out [of prison] today. It means freedom and it's one of the best things to have come out today," lawyer Caleb Alaka remarked.
ULS hoped the delayed ruling “must become a catalyst for comprehensive reform, reparations and a guarantee of non-repetition.”
“We call upon all stakeholders to recognize that true national security lies not in the expansion of military jurisdiction, but in the strict adherence to constitutional principles and the rule of law,” Ssemakadde said.
“The practice of trying civilians in military courts has been a stain on our democracy, undermining civil liberties and perpetuating a culture of fear and impunity,” he added.
Background
In 2021, the Constitutional Court, in a 3:2 decision, held that the Court Martial is a legally recognised court, but its jurisdiction is limited to serving officers of the UPDF.
