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Excitement as Supreme Court ends trial of civilians in military courts
The Supreme Court in session
The political atmosphere in Uganda is currently filled with euphoria and palpable joy after the Supreme Court delivered a landmark ruling to end all trials of civilians in the military courts.
The Supreme Court ruled that whereas military courts are legally recognized institutions, their jurisdiction stops with serving officers of the Uganda Peoples Defense Forces.
Chief Justice Alphonse Owiny-Dollo
Sitting in their new chambers in Kampala, the justices of the Supreme Court led by the Chief Justice Alphonse Owiny-Dollo, held that military courts lack jurisdiction to try civilians and ordered officials to halt all ongoing military trials of civilians and transfer them to the country’s civilian court system. The Supreme Court however stopped short of declaring past convictions under the military courts void.
Winnie Byanyima, the UNAIDS Executive Director and wife of renowned opposition politician Dr. Kizza Besigye has congratulations those who fought for the decision.
Byanyima’s husband Dr. Kizza Besigye, a four time Presidential contender, continues to be held by the military despite his opposition to being tried by the tribunal.
Byanyima wrote on X that: “Huge thanks to you all Ugandans, Kenyans, Africans and human rights defenders world over, thk you media, and social media activists for standing by all the victims of the kangaroo military tribunal including @kizzabesigye1 and Haj Obeid Lutale.”
She added: “The ruling of the Supreme Court is 4 years late. It’s your pressure that has finally delivered it, and in time to save @kizzabesigye1 from being hanged by @cdfupdf”
Many have also praised the efforts of Isaac Ssemakadde, the self-declared legal rebel, and President of the Uganda Law Society (ULS) for pushing the Chief Justice Alphonse Owiny-Dollo to make a move on a 2021 appeal by the Attorney General Kiryowa Kiwanuka in the constitutional court ruling of Attorney General Vs Michael Kabaziguruka.
Renowned Pastor Martin Ssempa said: , “His (Ssemakadde’s);diplomatic efforts to engage the Chief Justice instead of marching on to the streets as others were condemning him to do has shown enduring results.”
National Unity Platform (NUP) President Robert Kyagulanyi issued a statement noting that:
“We welcome today’s Supreme Court ruling stopping the trial of civilians by the military courts martial. For years, we have condemned these inherently unfair trials, which have been a key weapon of persecution wielded by the regime against its opponents. Since 2020, over 2,000 NUP supporters have been abducted, tortured and subjected to sham military trials.
Today’s judgment vindicates the cries of thousands who have been suffering illegal prosecution before these kangaroo courts and reaffirms what we have always said—civilians must be tried by civilians.
We also welcome the Court’s directive that all pending cases against soldiers, which should rightfully be tried in civil courts, must be transferred to those courts. This issue is critical because even serving army officers deserve fair trials under a transparent and independent judicial system. No one—civilian or soldier—should be subjected to a sham judicial process.
We hope that this ruling, which came as a pleasant surprise to the vast majority of citizens, is the first step for the judiciary to cleanse its image, which has been overtime grossly soiled by its inability to hold true to the tenets of judicial independence and impartiality. The judiciary must prove that today’s decision is not an exception to the norm but the beginning of consistent and impartial justice for all Ugandans. Ugandans deserve a judiciary that upholds constitutional supremacy and the rule of law at all times, regardless of who is going to be affected by the outcome of the decision made.
We reiterate our call for the immediate release of all political prisoners, including Dr. Kizza Besigye and his colleague, Hajj Obeid Lutale Kamulegeya, as well as the National Unity Platform prisoners of conscience who include Agaba Anthony (Bobi Young), Yasin Ssekitoleko (Machete), Kato Umar, Patrick Mwase, Sharif Kalanzi, Joseph Muwonge, Abdallah Kintu, Umar Kato, Kavuma Musa, Jimmy Galukande, Gibusiwa Abdallah and countless others who remain behind bars.
Aluta continua. Uganda will be free! Every small victory along the way matters. “
Perhaps less surprisingly, President Yoweri Museveni objected to the Supreme Court’s decision, saying it was the wrong decision.
“I was sorry to hear of the wrong decision by the Supreme Court in the matter of the fire-arms armed civilians being tried by the Military Court Martial.
Museveni said: “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. If you are not a soldier, why do you arm yourself with guns and, moreover, for criminal purposes and illegally, that are a monopoly of the Armed Forces?”
The UPDF issued a statement noting that it will defy the Supreme Court ruling.
Col. Chris Magezi, the UPDF deputy spokesperson posted on his X timeline stating that: “UPDF official Statement:
The General Court Martial will continue to TRY ANYONE WHO CONSPIRES TO MURDER THE PRESIDENT, COMMITS ARMED REBELLION AGAINST UGANDA, AND ENGAGES IN TERRORISM AGAINST THE PEOPLE OF UGANDA. UNDER NO CIRCUMSTANCES WILL COL. KIZZA BESIGYE BE RELEASED UNTIL HE FACES THE FULL EXTENT OF MARTIAL LAW. The final decision on this matter will be taken by the CIC and Chairman of the High Command, General Yoweri Kaguta Museveni.
@MODVA_UPDF”
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