Relief As Supreme Court Bars Military Courts From Trying Civilians
By Our Correspondent
Kampala
Uganda’s Supreme Court Friday 30 January,2025 ruled that the General Court Martial (GCM) has no jurisdiction to try civilians, declaring its involvement in such cases unconstitutional.
The landmark decision, delivered by Chief Justice Alfonse Owiny-Dollo, upheld a Constitutional Court ruling that had nullified military trials of civilians, dealing a blow to the government’s longstanding position on the matter.
“The General Court Martial is a military organ with limited jurisdiction,” Justice Elizabeth Musoke stated in concurrence.
“The cases that may be tried there are limited to discipline, and the nature of punishment is confined to disciplinary measures. It does not have general judicial functions.”
The ruling came in response to an appeal by the Attorney General challenging the Constitutional Court’s 2021 decision, which had declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional.
These provisions had allowed the military court to prosecute civilians under specific circumstances.
Other justices, Percy Night Tuhaise, Bamugemereire took a similar stand with each pointing wanting areas of the military courts.
Justice Musoke added that its jurisdiction “goes beyond the spheres of discipline,” rendering it legally unsound to try civilians.
The public awaits to see if Dr Kiiza Besigye and his co accused Hajj Obeid Lutale will now be surrendered to civilian courts and the release of counsel Eron Kiiza following such landmark judgement.
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