Supreme court quashes trial of Civilians in Military Court

Kampala: The Supreme Court has 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 on Friday January 31, 2025, upholds a Constitutional Court ruling that had nullified military trials of civilians, dealing a blow to the government’s longstanding position on the matter.

The Supreme Court further ordered that the cases be transferred to ordinary courts of law with competent jurisdiction.

“All ongoing trials involving civilians in the court martial must immediately cease and be transferred to ordinary courts of law,” Chief Justice Alfosne Owiny-Dollo said in the majority ruling of the panel of seven justices.

According to the judges, the military courts (Field Court Martial, the General Court Martial and the divisional military courts) are lawfully-established specialized courts whose powers are restricted to offences concerning discipline of Uganda People’s Defence Forces (UPDF). 

However, due to its composition which has serving army officers who draw orders from their appointing authority with no competence in legal issues, the military courts are neither independent nor impartial to render a fair trial.  

“Imagine myself, the Chief Justice of Uganda who has never done any military training to lead a battle field and defend the country against an enemy,” said Owiny-Dollo before emphasizing how important professionalism at something is, especially in administering justice.

The Supreme Court judgment comes days after remanded veteran opposition politician, Col (rtd) Dr Kizza Besigye and his aide Obeid Lutale who were in November last year abducted from Nairobi, Kenya and arraigned before the General Court Martial in Makindye, Kampala declined to take plea, arguing that military courts in Uganda do not have powers to try civilians.

Their decision followed a 2021 Constitutional Court ruling which indicated that the General Court Martial has no power to try civilians.

The Constitutional Court declared that it was unconstitutional for civilians to be tried in the military courts, especially if they have not subjected themselves to the military system.

The constitutional Court judges then directed that the case files involving civilians before the army court be transferred to civilian courts on the advice of the Director of Public Prosecutions (DPP) for further management within 14 days from the date of judgment.

The Attorney General, however, petitioned the Supreme Court challenging the Constitutional Court decision and asked for stay of execution of its orders which was granted.

The Attorney General faulted the judges for determining that the jurisdiction of the General Court Martial was only limited to trying military offences and service officers.

The Constitutional Court decision arose from former Nakawa MP, Michael Kabaziguruka’s case where he argued that the military court is partial on grounds that it is attached to the Executive arm of government which is appointed by the High Command and chaired by the head of state, who has powers to hire and fire them.

Mr Kabaziguruka alongside 20 UPDF officers, were at the time being tried before the General Court Martial in Makindye over offences of treachery and others related to security.

The State had accused Mr Kabaziguruka and group of plotting to infiltrate Defence and overthrow the government by use of firearms.

The offences were allegedly committed between February and June of 2016 in Kampala, Wakiso and Luweero.