The Supreme Court has declared the prosecution of civilians in military courts unconstitutional, ordering an immediate halt to all ongoing and pending cases against civilians in the General Court Martial (GCM) and other military tribunals.
Chief Justice Alfonse Owiny-Dollo issued a decisive directive, stating: “All trials in the General Court Martial involving civilians must immediately cease and be transferred to civil courts with competent jurisdiction.”
Chief Justice Owiny-Dollo stated that military officers, bound by their oath to the High Command, struggle to maintain impartiality. He also said that untrained individuals in military courts have been handing down life imprisonment and death sentences—powers that exceed their legal mandate.
Lady Justice Elizabeth Musoke noted that the GCM is strictly meant for military affairs and lacks the necessary legal training and impartiality to fairly adjudicate civilian cases.
Justice Percy Night Tuhaise reinforced this position, asserting that “all prosecution of criminal offenses should be handled by the Director of Public Prosecutions (DPP). Justice must not only be done but must be seen to be done.” She deemed the GCM legally unfit to handle civilian trials, highlighting the absence of properly qualified judicial officers.
Echoing these concerns, Justice Catherine Bamugemereire stressed that the GCM does not function as a legitimate judicial body, lacking the core principles of independence and impartiality. Justice Monica Mugenyi further declared that its operation as a court is inconsistent with constitutional principles.
This ruling comes in response to an appeal by the Attorney General, who sought to overturn a 2021 Constitutional Court decision that had struck down Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act. These provisions had previously granted the military courts authority to try civilians under certain conditions.
