Chief Justice Alphonse Owiny-Dollo arriving for a court session
HABARI DAILY I Kampala, Uganda I The Supreme court is due to pronounce itself on the matter of trial of civilians in military courts, a move that will adversely impact the ongoing cases in the General Court Martial, Habari Daily has learnt.
The long awaited ruling would speak volumes and may have political connotations since it will determine whether Rtd Col. Kiiza Besigye and Haji Obed Kamulegeya’s trial in the Military Court Martial should proceed or be stayed.
Members of Besigye’s legal team, led by Martha Karua have urgued time and again that their client is being tried in the wrong court to no avail.
Initially, Besigye and Lutale faced charges related to security and possession of fire arms and ammunition until prosecution amended the charge sheet and added the offence of treachery which attracts a death penalty if the accused is found guilty.
But the Supreme court is now giving the accused a lifeline. The case in point is between the Attorney General, who is the appellant and Michael Kabaziguruka, who is the respondent, and is indexed as Constitutional Appeal No. 02 of 2021.
The ruling comes after years of delays and mounting pressure from human rights defenders, lawyers, and activists. These had criticized the prolonged detention of civilians subjected to military trials.
“Take notice that the judgement of this appeal has been fixed for the 31st day of January, 2025 at 9:30am Oclock in the fore/afternoon or soon thereafter as the judgement in this appeal will be delivered in this court,” reads part of a judgement notice, a copy of which Habari Daily has seen, and is hereby attached.
The judgement notice, which was copied to the Attorney General, M/S Lukwago and Co Advocates, M/S Rwakafuzi & Co Advocates and M/S Alaka & Co Advocates, the legal representatives of the respondent, was dated 24th January 2025.
The notice warned that if no appearance is made by the respondent or anyone by law authorized to act on his behalf, the judgement shall be delivered in their absence. It was signed by the Deputy Registrar of the Supreme Court.
Stormy history
This state of events began in 2016 when then Nakawa Member of Parliament, Michael Kabaziguruka, petitioned the Constitutional Court challenging his trial in the General Court Martial.
He was accused of illegal possession of firearms, a monopoly of the defense forces, in addition to a case of trying to overthrow a democratically elected government.
Rtd Col. Kiiza Besigye and and his co accused Haji Obed Kamulegeya
Kabaziguruka was henceforth arrested and detained for several months. In 2021, the Constitutional Court ruled that trying civilians in the General Court Martial was illegal.
“The UPDF Act, under which the General Court Martial is run, is specifically tailored for limited application, with its authority confined solely to the UPDF,” said Justice Kenneth Kakuru, one of the legal brains that heard the case.
He was seconded by Justices Remmy Kasule, and Hellen Obura who unanimously agreed that the UPDF Act was never meant to have broad application.
Thorny place
Besigye’s precarious position was made worse when the case of treachery was added to a long list of violations when he appeared in court alongside the other two accused – Obed Lutale and Captain Dennis Oola, a serving officer with the UPDF Armored Brigade.
Judge Advocate Richard Tukacungurwa, passionately defended the amended charge sheet, saying that the principles of civil courts should be observed generally, even in the General Court Martial.
The recent arrest and sentencing of fellow lawyer Eron Kiiza have brought renewed attention to the issue. He was sentenced to nine months in prison by the court martial for alleged contempt of court.
The January 31 ruling could have deep implications for Uganda’s legal landscape, due to the fact that if the court finds that military tribunals lack jurisdiction over civilians, it could invalidate ongoing and past cases against civilians in military courts.
