Ugandans react after Supreme Court stops trial of civilians in military courts

Uganda’s topmost court Friday upheld a lower court ruling against the trial of civilians in a military court, “determining a constitutional question that has long bedeviled the country’s justice system.”

In a landmark –delayed- judgment, seven Supreme Court justices led by Chief Justice Alfonse Owiny-Dollo unanimously turned away a 2021 constitutional appeal by the Attorney General against Michael Kabaziguruka, following an earlier Constitutional Court ruling.

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.”

Below is how some Ugandans reacted to the development and what it means:

Ex-MP Michael Kabaziguruka: This is not just about me but for the people of Uganda. I thank the justices for delivering a just ruling that sticks with the laws of Uganda. I expected nothing but a victory because I knew, according to the law, the petition I submitted to the Constitutional Court was properly formulated. I’m relieved that I will not face trial in the General Court Martial.

Lawyers Erias Lukwago (Kampala mayor) and lawyer Medard Ssegona: The ruling means the military court has been disbanded and doesn’t have any powers to convene on February 3 (for Besigye’s case). In as much as they said it is a subordinate court for all intents and purposes in its current shape, that court has been disbanded and dissolved. It cannot continue because the recommendation is that go back to Parliamenr and amend the UPDF Act to have military courts reconstituted in accordance with the dictates of the constitution.

Ladislaus Rwakafuzi, human rights lawyer: Our judges need to be congratulated for taking a pro-people stand. I think today they remembered that they derive their power from the people and must exercise if for the good of the people. Now I can get out of my wheelchair and go back into practice.

David Lewis Rubongoya, opposition NUP party secretary general:  We are happy because you know the military court has been used to persecute over 2, 000 of our supporters. Supreme Court said it is neither a court nor tribunal. We live under a dictatorship, but the ruling is a big win for democracy and evidence that when we continue struggling against the regime, we can get some small wins.

Robert Kyagulanyi aka Bobi Wine, Uganda's opposition leader: We hope that this ruling, which came as a pleasant surprise to the vast majority of citizens, is the first step for the judiciary to cleanse its image, which has been overtime grossly soiled by its inability to hold true to the tenets of judicial independence and impartiality. The judiciary must prove that today’s decision is not an exception to the norm but the beginning of consistent and impartial justice for all Ugandans.

Peter Mayiga, Buganda Kingdom Prime Minister: The provisions of the constitution and the law must be adhered to in order to build and sustain democratic principles for the country. Constitutional and legal provisions should never be manipulated/twisted since that will eventually create gaping holes through which today's culprits may be turned into tomorrow's victims.

Joel Ssenyonyi, Leader of Opposition in Parliament (LoP): We have seen many court orders disregarded but we hope that government will have some shame and act on the Supreme Court’s ruling with immediacy. The Court Martial is finite [finished]!

Veteran journalist Alan Kasujja: This is a great day for Uganda. We now hope that the Supreme Court’s order will be accorded the respect it deserves by the military.

Isaac Ssemakadde, Uganda Law Society President: 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. 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.

Lawyer Caleb Alaka: The ruling 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. Just like the General Court Martial respected the stay of proceedings by the Constitutional Court, we expect the General Court Martial to cease operations effective January 31. We expect full compliance from the Executive, and we don't need further pressure for Besigye's release because Court Martial has been dissolved.

Veteran politician/activist Ingrid Turinawe: We Defied the Court Martial!!! DEFIANCE WORKS NEVER SURRENDER FREEDOM FOR ALL.

Ex-MP Winnie Kiiza: Justice has been served. 

@Jimmy Kidega on X: We extend our heartfelt appreciation to the Chief Justice and the entire Supreme Court for upholding justice and reaffirming the independence and competence of the judiciary. Today's landmark ruling on the trial of civilians in military tribunals restores hope.

@RtKaveera on X: The Supreme Court’s ruling on trying civilians in military courts will be a defining moment for Uganda’s judiciary. Will it uphold constitutionalism? The nation awaits.

@Julius Katushabe on X: The Court Martial refused to be called a Tribunal, now the Supreme Court has called it a Disciplinary Body!

Government responds

Information minister Chris Baryomunsi said: We gladly welcome the judgment, and we are happy because that's how democracy works. The three arms of the state work together but make independent decision. We respect the decision that God has taken. We shall study the ruling and look at the recommendations that have been made. Those who have been saying the Executive arm-twists the Judiciary have collapsed today. But it's not automatic that people will be released. If the state still has interest, they will be transferred to civilian courts.