Civilian Trials In Army Court
The constitutional court had directed that all civilians being tried in the Army court-martial be transferred back to the Civil courts within 14 days.
This is included in a majority judgement issued by 3 of 5 justices of the constitutional court.
It follows a 2016 petition filed by the then Nakawa Municipality Member of Parliament Michael Kabaziguruka challenging his trial in the General Court Martial.
Kabaziguruka was accused of being in possession of firearms belonging to the Uganda People’s Defense Force-UPDF with the aim of ousting the government.
3 Justices ruled in favor of the petitioner saying the much as the Court-martial recognized as competent under the 1995 Constitution, it is only restricted to try UPDF officers.
The Justices including Kenneth Kakuru, Remmy Kasule and Hellen Obura argued that the UPDF Act was never intended to be an Act of general application.
“Emphasizing that the jurisdiction of the General Court Martial is limited to the provisions of the UPDF Act by necessary implication means that its jurisdiction does not extend to other Acts of Parliament. The composition and the power of appointment of the Court Martial members by the UPDF High Command further emphasize its restrictive nature. Parliament intended that the jurisdiction of the General Court Martial extends only to the UPDF,” a ruling by Justice Kenneth Kakuru reads in part.
Therefore, in their judgment, a 14-day ultimatum has been instituted for all persons with ongoing trials at the army court to be shifted to high court under the direction of the Director of Public Prosecutions.
Civilian Trials In Army Court
“All those persons not subject to military law and who are currently serving sentences imposed by the authority of military courts contrary to the constitution as set out in judgment should have their case files transferred to the High Court criminal division for retrial or to be dealt with as the court may direct within 14 days of this judgment,” the judgment adds.
It further explains that prosecuted persons stay in detention or bail until their cases come up for mention in the civil courts.
“This judgment doesn’t discharge or exonerate any person from any criminal responsibility and as such fresh charges may be brought by the DPP before civil courts,” it adds.
However, the 2 non-conforming, Justices Christopher Madrama, and Steven Musota ruled that for as long as civilians are subject to military law after being found with military hardware, then the Court Martial has powers to try them.
This means that the 49 National Unity Platform -NUP supporters arrested and being tried by the army court will now shift .
The prosecution alleges that all the 49 suspects and others still at large on January 3, at Makerere Kavule Kigundu zone, were found in possession of four rounds of ammunition which is a monopoly of the Defense Forces.
However, at the time the said offence was committed, most of the suspects were already in Kitalya and Kigo prisons where they had been remanded by Masaka Court in December last year.
Most of the suspects were part of the 100 supporters of Bobi Wine who were granted bail by Masaka Court on January 05, 2021 where they had been charged with six counts, including inciting violence and assaulting police officers on duty, among others.
