In an extraordinary move, the Uganda Peoples’ Defence Forces (UPDF) General Court Martial (GCM) has temporarily shifted its operations from Makindye to Mogadishu, the capital of Somalia. Chaired by Brig Gen Robert Freeman Mugabe, this military court has been diligently conducting proceedings for the past week, focusing on UPDF personnel accused of serious offenses.
The Defendants
The GCM is currently presiding over a case involving two high-ranking officers, both holding the rank of major. These officers face two distinct charges under the UPDF Act of 2005. The first charge is “cowardice in action,” as per section 120 (1) (2) (a) of the UPDF Act 2005. The second charge pertains to “offenses by persons in command when in action,” as outlined in section 128 (1) (b) of the UPDF Act of 2005.
Maj Steven Oluka and Maj Zadock Obor are accused of failing to instill courage in the officers and militants under their command during an encounter with Al-Shabaab that occurred between May 25th and 27th, 2023, when they were serving as Officers Commanding companies in Bulomarer and Golweyne.
Additional Cases
Aside from the aforementioned case, the GCM is also addressing other allegations, such as “failure to protect war materials,” in violation of section 122 (1) (2) (h) of the UPDF Act. This charge involves four Non-Commissioned Officers (NCOs).
Relocation and Jurisdiction
Brig Gen Freeman Mugabe explained the rationale behind relocating the GCM to Mogadishu. This decision was made to facilitate access to witnesses, as a significant number of them were situated within the mission area. Moreover, the UPDF Act of 2005 grants the GCM jurisdiction to handle cases both within and outside Uganda, wherever UPDF operates.
The Memorandum of Understanding and the Status of Forces Agreement with Somalia dictate that each Troop Contributing Country must adjudicate cases involving its own personnel in the mission area. Consequently, the GCM is responsible for trying UPDF personnel accused of crimes committed during their deployment in Somalia.
Justice in Progress
The GCM is slated to remain in Somalia for a two-week period to hear and deliberate on cases. The outcomes of these proceedings will lead to appropriate sentences for the guilty parties and acquittal for those found not guilty. The judgments rendered will hinge on the specifics of the offenses and the evidential support presented during the hearings.
