Supreme Court To Rule
The highest court in the land, the supreme court will on Thursday at 11 am give a judgment on an appeal against trying civilians in the Army court-martial.
A panel of 5 justices led by Chief Justice-CJ Owinny Dollo will determine whether to stay the constitutional court judgment or overturn it.
This follows an appeal filed by the Attorney General challenging a ruling by the constitutional court overturning the trial of civilians in the army court.
On the 1st July 2021, the constitutional court ruled in favor of a petition filed by the former Nakawa East MP Micheal Kabaziguruka in 2016 challenging his trial in the army court under their penal code Act.
Kabaziguruka was accused of being in possession of firearms belonging to the Uganda People’s Defense Force-UPDF with the aim of ousting the government.
3 Justices ruled in favor of the petitioner saying much as the Court-martial is recognized as competent under the 1995 Constitution, it is only restricted to try UPDF officers.
The Justices including Kenneth Kakuru, Remmy Kasule, and Hellen Obura argued that the UPDF Act was never intended to be an Act of general application.
In their judgment, a 14-day ultimatum was instituted for all persons with ongoing trials at the army court to be shifted to high court under the direction of the Director of Public Prosecutions.
”All those persons not subject to military law and who are currently serving sentences imposed by the authority of military courts contrary to the constitution as set out in judgment should have their case files transferred to the High Court criminal division for retrial or to be dealt with as the court may direct within 14 days of this judgment,” the judgment read in part.
The constitutional court also directed that prosecuted persons stay in detention or bail until their cases come up for mention in the civil courts.
Supreme Court To Rule
However, the 2 non-conforming, Justices Christopher Madrama, and Steven Musota ruled that for as long as civilians are subject to military law after being found with military hardware, then the Court Martial has powers to try them.
The supreme court on July 16th issued an interim order maintaining the judgment of the constitutional court pending its ruling. This followed an appeal from the attorney general.
This ruling comes at a time when 49 National Unity Platform -NUP supporters were arrested and being tried by the army court.
The prosecution alleges that all the 49 suspects and others still at large on January 3, at Makerere Kavule Kigundu zone, were found in possession of four rounds of ammunition which is a monopoly of the Defense Forces.
