The General Court Martial in Makindye has adjourned the cases earlier scheduled for hearing today to analyze the Supreme Court decision that banned the trial of civilians in military courts.
When Our Reporter arrived at the Court Martial, where the treachery case against Dr. Kizza Besigye, Obeid Lutaale Kamulegeya, and Captain Denis Oula had been fixed for hearing, she was informed by a lieutenant that there was no court session today.
The lieutenant, who did not have a name tag, told Our Reporter that they were busy this week with Tarehe Sita activities and were uncertain when the court would resume. However, other soldiers indicated that the Court Martial would resume next week on Monday.
Despite this, neither Besigye nor his co-accused were brought to court, and no other accused person appeared either. This suggests that the prison facilities had been informed not to bring anyone today. Typically, military trucks and prison drones bring dozens of people to the court, amid tight security deployment.
However, the security presence was minimal, with only three military police officers outside the gate and dozens of heavily armed soldiers inside the Court.
Earlier, a source told Our Reporter that one of the panel members was away arranging the burial for former Director of the Internal Security Organization, Brigadier Charles Oluka, while others were busy with Tarehe Sita activities in the Greater Masaka District.
Other sources said they were awaiting the Court Martial Chairperson, Brigadier Robert Freeman Mugabe, who arrived at 9:10 AM to brief them on the next steps following the Supreme Court decision. The source revealed that a meeting was planned to analyze the decision, with guidance from the High Command.
The Chairman of the High Command, General Yoweri Kaguta Museveni, who is also the President of Uganda, has since expressed his discontent with the Supreme Court’s ruling. He emphasized that Uganda is not governed by the judges, but by the people, and directed the Attorney General to propose legal reforms to address the decision.
Several politicians were seen arriving at the Court Martial one by one to see if the decision would be implemented. However, they were turned away since there was no court session. Some of these individuals include former Rubaga MP, Ken Lukyamuzi and NEED President Joseph Kabuleta.
No lawyer for Besigye has appeared in court, though his lead counsel, Erias Lukwago, was engaged in an early morning show on local television and is expected to address a press conference later in the day at the People’s Front for Freedom.
Last week, the Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, banned the trial of civilians in military courts. The Supreme Court declared that the Summary Trial Authority (STA) and the Unit Disciplinary Committee (UDC) are lawfully established under the UPDF Act as military tribunals.
The Court also ruled that the provision in section 197 (now section 195) of the UPDF Act, which establishes the General Court Martial as a competent court, is constitutional. The General Court Martial, created under section 197 (now section 195) of the UPDF Act, is a subordinate court of law but with specialized jurisdiction.
The Court further ruled that the declaration of the Constitutional Court, which upheld section 119(1)(g) (now section 117(1)(g)) of the UPDF Act—providing that anyone who aids or abets a person subject to military law in committing a service offense is subject to military law—is set aside.
“All charges, or ongoing criminal trials, or pending trials before the courts-martial involving civilians must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction,” held the Supreme Court. The Court also ruled that the judgment shall not have retrospective effect on any conviction or sentence imposed before the ruling, except where the conviction and sentence are being challenged in a court of law.
All pending trials or partly heard criminal cases that fall under the civil law courts’ jurisdiction and involve members of the UPDF subject to service law, must be transferred to the civil courts with competent jurisdiction.
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