KAMPALA
The Supreme Court of Uganda has set January 31,2025, as dates for judgement on the trial of civilians in military courts.
This case stems from a 2016 Constitutional Court ruling that declared the trial of civilians in military courts unlawful. The court ordered the transfer of all relevant cases to the High Court.
This was initiated by the former Nakawa MP Michael Kabaziguruka after he argued that military courts lacked jurisdiction over civilians.
Kabaziguruka faced charges of treason for allegedly plotting to overthrow the government. The Attorney General appealed the Constitutional Court’s decision, resulting in a stay of execution and a subsequent hearing before the Supreme Court.
The four-year waiting on this judgement has sparked controversy among opposition leaders who object to the trial of their members in military courts.
Currently, the former four-times presidential candidate Rtd. Col. Kizza Besigye challenged to the military courtbin Makindye saying it doesn’t have the jurisdiction to try him. Besigye is in Luzira Prison on counts of treachery, unlawful possession of firearm and ammunition. He is co-accused with Hajji Obeid Lutale Kamulegeya and a UPDF officer Dennis Ola who was recently added on the charge sheet. But, Besigye insists that he is no longer subject to military law as he is no longer a soldier.
The judgment on January 31 will serve as a critical test of the Supreme Court’s independence, as it will determine the extent of the military court’s authority and affirm civilians’ rights not to be tried in such courts.
