The Supreme Court is expected to deliver a highly anticipated ruling today on the constitutionality of trying civilians in military courts.
This landmark decision follows an appeal filed by the Attorney General in 2021 after the Constitutional Court ruled that the trial of civilians in the General Court Martial was unconstitutional.
The case originated from a petition by former Nakawa MP Michael Kabaziguruka, who was charged with treachery and tried in a military court despite being a civilian.
In her 2021 ruling, Justice Hellen Obura of the Constitutional Court declared that Kabaziguruka’s trial violated Article 28(1) of the Constitution, which guarantees the right to a fair hearing before an independent and impartial tribunal. The court emphasized that civilians should be tried exclusively in civilian courts to uphold the constitutional principles of justice and fairness.
The Attorney General, however, appealed the decision, arguing for the government’s authority to prosecute civilians in military courts under certain circumstances. After nearly four years of delay, the Supreme Court is finally poised to issue its verdict on this contentious matter.
The timing of this decision is significant, coming amidst heightened political tensions in Uganda. Recent arrests of opposition members linked to the Forum for Democratic Change (FDC) Katonga faction, as well as the ongoing trial of veteran opposition leader Dr. Kizza Besigye in the General Court Martial, have sparked widespread debate about the use of military courts to try civilians.
Dr. Besigye and his associate, Obeid Lutale, are currently facing treachery charges, which carry a maximum penalty of death.
