By Sekaggya Seka Moses
In a landmark decision, the Supreme Court has ruled that the trial of civilians in martial courts is unconstitutional.
This verdict comes after years of debate and a challenge by Hon. Michael Kabaziguluka, who argued that civilians should not be tried in military courts.
The Supreme Court justices were unanimous in their decision, with each providing their own reasoning
Justice Catherine Bamugemereire suspended all ongoing proceedings in the General Court Martial, citing inconsistencies with the constitution.
She also called for the amendment of the UPDF Act to ensure that soldiers who commit offenses against civilians are tried in civil courts.
Justice Persy Night Tuhaise emphasized the importance of legal qualifications for members of the General Court Martial, pronouncing the court incompetent to handle judicial matters.
She awarded costs to the respondent, Hon. Michael Kabaziguluka.
Lady Justice Elizabeth Musoke highlighted the limitations of the General Court Martial, noting that it is not a subordinate court and lacks independence and training in legal matters.
She dismissed the appeal and awarded costs to the respondent.
The Chief Justice, Alfonse Owinyi Ddolo, emphasized that the General Court Martial’s lack of professionalism and independence makes it unfit to try civilians.
He ordered that all charges involving civilians in the General Court Martial must cease.
This ruling has come at a critical time, particularly for Dr. Kizza Besigye and Hajji Abed Lutale, who were arrested, tried in a martial court, and are currently being held in Luzira prison.
This marks their fifth remand, highlighting the urgency of the situation.
To make matters worse, Eron Kiiza, one of Dr. Besigye’s lawyers, was sentenced to nine months in prison by the same martial court for alleged indiscipline.
This raises concerns about the fairness and impartiality of the martial court system.
The Supreme Court’s decision has sparked uncertainty about whether the authorities will respect the constitution and transfer Dr. Besigye, Hajji Lutale, and Eron Kiiza to civilian courts.
The ruling has significant implications for the rule of law and the protection of human rights in the country.
As the situation unfolds, many will be watching to see how the authorities respond to the Supreme Court’s ruling.
Will they respect the constitution and uphold the principles of justice, or will they continue to defy the law? Only time will tell.
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