The General Court Martial has dismissed an application in which Col Dr Kizza Besigye wanted his treachery case to be referred to the Constitutional Court for interpretation.
The Court chaired by Brigadier Robert Freeman Mugabe on Tuesday dismissed the application saying the matters Besigye wants to raise before the Constitutional Court are already a subject of a pending appeal before the Supreme Court.
Consequently, the Court Martial ruled that the court will continue hearing the cases based on a temporary injunction granted in the Kabaziguruka Case.
They immediately ordered Besigye to take a plea on treachery charges.
However, Besigye’s lawyers led by Martha Karua, Fredrick Mpanga and others said they would appeal against the decision.
But Mugabe said that since morning Lukwago has been talking about almost all laws without success.
The Judge Advocate Brigadier Richard Tukacungurwa advised that they were delaying and wasting time.
Brigadier Mugabe then continued and read charges against Besigye, his co-accused Obeid Lutaale Kamulegeya and Captain Denis Oula with whom they are jointly charged with five counts including treachery, and illegal possession of ammunition and firearms.
Whereas Captain Oula denied the charges against him, Besigye and Lutaale declined to take the plea and maintained their stand that they had a right to appeal.
The Court informed them that they could only appeal at the end of the whole trial but not on this particular ruling.
The Court then indicated that Besigye and Lutaale had denied the charges.
The law allows courts to admit a plea of not guilty if an accused person declines to take the plea or remains silent.
The Court noted that the matters raised can be appealed in the Court Martial Appeals Court and further indicated that the laws need to be read together but not in isolation.
According to Mugabe, the law gives the court Martial power to give its opinion and it can agree or disagree to refer the matter for Constitutional reference.
The Kabaziguruka case which has given them powers to continue with Besigye’s matter has its roots in 2016 when Michael Kabaziguruka, a civilian and then-member of Parliament, was arrested and detained on treachery charges.
He was arraigned before the General Court Martial, which prompted him to petition the court, challenging its jurisdiction to try him.
The Constitutional Court ruled in Kabaziguruka’s favour, declaring that Section 119(1)(h) and 179(1)(a) of the UPDF Act, which allowed for the prosecution of civilians, were unconstitutional.
The court ordered those cases against civilians in military courts be transferred to civilian courts.
Despite this judgement, the General Court Martial has continued to try civilians, including Besigye and Obed Lutaale.
This was because the Supreme Court Justices in May 2024 issued a temporary injunction following an appeal by the Attorney General.
The Chief Justice had stayed the Constitutional Court decision on August 5, 2021, through a temporary injunction, allowing the General Court Martial to continue trying civilians.
Earlier in the morning, the team of Besigye’s lawyers led by Martha Karua, Frederick Mpanga and Erias Lukwago asked the Court Martial to refer the case to the Constitutional Court for it to address several issues arising from the trial in which Col Dr Kizza Besigye and two others are accused of Treachery and unlawful possession of ammunition and firearms.
Both Lutaale and Besigye have been sent on remand to Luzira Prison. While Captain Oula will return to Court on February 3rd.
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