The Supreme Court of Uganda delivered a significant ruling yesterday, declaring that the General Court Martial lacks the jurisdiction to try civilians and must cease this practice. Many, particularly those in the opposition, rejoiced over this decision, but the UPDF has now chosen to ignore it.
Justice Catherine Bamugemerire, in her ruling, determined that the GCM, as currently structured, does not have the constitutional authority to adjudicate cases involving civilians. She pointed out that the procedures and framework of the General Court Martial infringe upon the principles of fairness and impartiality enshrined in Uganda’s Constitution.
“Judicial power, as per the law, is vested in the judiciary, and the General Court Martial is subordinate to the judicial system,” she said.
“It is an overreach to create an offense making civilians liable for crimes under military law.”
Furthermore, she ordered the immediate suspension of all ongoing trials of civilians. However, trials involving military personnel are permitted to continue. With former four-time presidential candidate, Dr. Kiiza Besigye, currently detained at Luzira Prison on treason charges, this decision was viewed as a potential relief in his situation. His legal team has been advocating for the transfer of his case from the Court Martial to a civilian court in recent weeks.
Despite this, a statement on X from Chris Magezi, the Armed Forces’ Public Relations Officer, indicated that the Court Martial will persist in prosecuting anyone accused of plotting to assassinate the President, engaging in armed rebellion, or committing acts of terrorism against the people of Uganda.
Thus, Dr. Col. Kiiza Besigye will not be released until he faces the full consequences prescribed by Martial Law. The statement further noted that the ultimate decision on this issue lies with the Commander-in-Chief, who also chairs the High Command, General Yoweri Kaguta Museveni.
“UPDF official Statement:
The General Court Martial will continue to TRY ANYONE WHO CONSPIRES TO MURDER THE PRESIDENT, COMMITS ARMED REBELLION AGAINST UGANDA, AND ENGAGES IN TERRORISM AGAINST THE PEOPLE OF UGANDA. UNDER NO CIRCUMSTANCES WILL COL. KIZZA BESIGYE BE RELEASED UNTIL HE FACES THE FULL EXTENT OF MARTIAL LAW. The final decision on this matter will be taken by the CIC and Chairman of the High Command, General Yoweri Kaguta Museveni.”
These statements have sparked considerable backlash from many Ugandans, particularly those opposing the government and members of the legal community.
Dr. Kiiza Besigye’s wife, Winnie Byanyima, expressed her shock on X, questioning the authenticity of this announcement.
