UPDF General Court-Martial in Somalia
The General Court Martial of the Uganda Peoples’ Defence Forces (UPDF), a military judicial body responsible for trying cases involving UPDF personnel, has shifted its operations to Mogadishu, the capital of Somalia. This unusual move from its traditional location in Kampala, Uganda, is under the leadership of Brig Gen Robert Freeman Mugabe. The court-martial has been conducting sessions at the Sector One Contingent headquarters in Mogadishu for the past week. The legal team comprises 20 members, including clerks, secretaries, prosecutors, and defense counsels.
The First Case
The initial case brought before the General Court-Martial in Somalia involves two senior officers, Major Steven Oluka and Major Zadock Obor. They face two charges: cowardice in action as defined in section 120 (1) (2) (a) of the UPDF Act 2005 and offenses by persons in command when in action, as per section 128 (1) (b) of the UPDF Act of 2005.
The Allegations
The charges against Maj. Oluka and Maj. Obor stem from their actions between May 25th and 27th, 2023, while they were deployed as Officer Commanding companies in Bulomarer and Golweyne. It is alleged that they “did not encourage officers and militants under their command to fight courageously upon coming into contact with Al-Shabaab.”
Reason for Holding Court in Somalia
Brig Gen Mugabe explained that the decision to hold the court sessions in Mogadishu was influenced by the need to access witnesses who were primarily located in the mission area. Furthermore, the General Court-Martial has the authority to try cases both inside and outside Uganda, wherever UPDF is operating.
Jurisdiction and Agreements
Brig Gen Mugabe emphasized that the jurisdiction of the General Court-Martial extends to any location where UPDF is present, even beyond Uganda’s borders. He also highlighted that agreements such as the Memorandum of Understanding and the Status of Forces Agreement with the host nation, Somalia, stipulate that each troop-contributing country must adjudicate cases involving its personnel while they are in the mission area. Therefore, crimes committed by UPDF personnel are tried by the UPDF General Court-Martial.
Ongoing Cases
The General Court-Martial will remain in Somalia for two weeks to hear various cases, including those related to the failure to protect war materials, as outlined in section 122 (1) (2) (h) of the UPDF Act. This particular case involves four Non-Commissioned Officers.
Background of the Accused
Maj. Steven Oluka and Maj. Zadock Obor had previously appeared before the same court sitting in Makindye, Uganda, in connection with the attack on the African Union Transition Mission in Somalia (ATMIS) base Buulo Mareer Forward Operating Base. The attack occurred on May 26, 2023, resulting in the tragic loss of 54 UPDF personnel, including Lt. Col. Edward Nyororo, the base commander.
Presidential Response
President Yoweri Kaguta Museveni, who also serves as the Commander in Chief of the Armed Forces, commented on the incident shortly after the attack. He identified the error in command by Maj. Oluka and Maj. Obbo, who ordered a retreat, as the key factor behind the incident. The President assured that these commanders would face charges in the Court-Martial.
Additionally, President Museveni revealed that the terrorists had attempted another attack on Baraawe Town but were repelled by the UPDF, leading to their retreat. He commended the UPDF for their resilience and successful recapture of the Buulo Mareer base.
