After prolonged debates, protests, and legal proceedings, Uganda’s Supreme Court has set January 31, 2025, as the date to deliver its judgment on the contentious case challenging the authority of military courts to try civilians.

The case stems from a 2021 Constitutional Court ruling that declared it unconstitutional for civilians to be tried in military courts unless they are subject to military law under the Uganda People’s Defence Force (UPDF) Act.

The Constitutional Court directed that all cases involving civilians currently before military courts be transferred to civilian courts under the supervision of the Director of Public Prosecutions (DPP) within 14 days of its ruling. However, the Attorney General appealed this decision to the Supreme Court, leading to a suspension of the earlier orders.

The case gained attention after opposition figure Col (rtd) Dr. Kizza Besigye and his aide Obeid Lutale refused to take a plea before the General Court Martial in late 2024. They argued that the court lacked jurisdiction over civilians, citing the 2021 Constitutional Court ruling.

The Attorney General countered by claiming that the military court’s jurisdiction should extend to civilians under certain circumstances, sparking intense legal debate.

A notice issued by the Supreme Court’s registrar, Ms. Mary Babirye, confirmed the judgment would be delivered on January 31, 2025, by a seven-member panel led by Chief Justice Alfonse Owiny-Dollo.

Arguments From Both Sides

• Constitutional Court Ruling (2021): The General Court Martial is constitutionally limited to military personnel and offences defined under the UPDF Act. The court was deemed neither impartial nor independent, as it is linked to the Executive arm of government and chaired by individuals appointed by the Head of State.
• Attorney General’s Appeal: The government argued that the Constitutional Court erred in ruling that the military court lacked jurisdiction over civilians, particularly in cases involving national security threats.

The Constitutional Court ruling originated from a petition filed by former Nakawa MP Michael Kabaziguruka, who contested his trial in the General Court Martial on charges of treachery. Kabaziguruka, along with 20 UPDF officers, was accused of plotting to infiltrate military defenses and overthrow the government in 2016.

The Constitutional Court agreed with Kabaziguruka, emphasizing the military court’s lack of impartiality and declaring its jurisdiction over civilians unconstitutional.

The judgment is expected to set a significant precedent for the interpretation of civilian rights under Uganda’s legal framework. It also comes amid heightened public scrutiny over the role and independence of military courts.

The ruling, to be delivered by a seven-member panel, includes Chief Justice Owiny-Dollo and Justices Faith Mwondha, Night Percy Tuhaise, Mike Chibita, Monica Mugenyi, Catherine Bamugemereire, and Elizabeth Musoke.