On January 31, Justices of the Supreme Court among them the Chief Justice Alfonse Owiny-Dollo passed a landmark judgement halting the trials of civilians in the military court.
The bench said such is unconstitutional and has to cease.
The Justices whose ruling held at 6:1, averred that although the military court martial was established by an Act of Parliament, its jurisdiction is limited to discipline soldiers who have committed service offences–as it is with the Uganda Police Force’s disciplinary tribunal.
In his ruling, the Chief Justice ordered that all charges or ongoing trials of civilians before the court be ceased and transferred to competent courts of law.
Dozens of Ugandans have been tried before a military court and convicted of crimes such as illegal possession of the military store, among others.
Before the January 31 ruling, Uganda’s opposition leader and former presidential candidate, Col Rtd Dr Kizza Besigye, and Obed Lutale were among those facing the military court.
Besigye, now a civilian, was kidnapped in Nairobi and returned to Kampala to face treachery charges. Following the landmark decision, hundreds of Ugandans have praised the Supreme Court for “delivering justice.”
However, the country’s leader, Yoweri Kaguta Museveni, has bitterly welcomed the decisions.
In his post-ruling message to Ugandans on February 1, President Museveni, 80, expressed his “sorry to hear the wrong decisions by the Supreme Court in the matter of the fire-arms armed civilians being tried by the Military Court Martial.”
He stated, “Anyway, the country is not governed by judges. It is governed by the people–all of us Ugandans, that are old enough to vote.”
In the matter of the Constitution and other legislations, Museveni said, “We govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament.”
“The Judges interpret the laws: let, therefore, the Attorney-General propose the amendments to the constitution of the laws to help our Judges in future from interfering with this usual self-protection instrument for the country and also remove any irrationalities if any.”
“This is a method which we the freedom fighters support because it reinforces the Civilian Judicial System to defend the lives of our people against criminals armed with guns.”
Justices Chibita and Mugenyi, Museveni said, quoting the Attorney General who briefed him on the phone, “sided with the logic that we the simple people understand and supported the guns armed criminals being tried in the Court Martial.”
“Secondly, even the CJ ruled that the Court Martial could be used if adjustments are done here and there. I salute that contribution.”
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