Tuesday, May 20, 2025
  • About
  • Advertise
  • Careers
  • Contact
Insight Post Uganda
  • Home
  • NewsHot
    • Health
    • Politics
    • Religion
    • Lifestyle
    • World News
    • Tourism
    • Environment
    • Agriculture
  • Business
    Hybrid solar plant at Kalangala district.

    Lights Out on the Islands: Kalangala’s Power Woes Threaten Business and Health

    Supreme Court Dismisses Nzeyi Appeal Over NBC Takeover, Cites Wrong Court Filing

    Supreme Court Dismisses Nzeyi Appeal Over NBC Takeover, Cites Wrong Court Filing

    A charcoal vendor in Rakai trading center in April 2025

    Charcoal Smuggling from Tanzania Fuels Illicit Financial Flows, Drains Revenue

  • Sports
    Buddu FC Step-up Efforts to Retain Masaza Cup Trophy

    Buddu FC Step-up Efforts to Retain Masaza Cup Trophy

    Pokino Jude Muleke handing over Amb. Alintuma Nsambu

    Amb. Nsambu Buys 100 Kits for Kabaka Birthday Run, Offers UGX10M to Buddu Ssaza FC

    Ssekiboobo launching Kyaggwe Ssaza FC steering committee.

    Masaza Cup 2025: Kyaggwe’s Early Preparations – Can They Finally Take The Trophy?

  • Education
    Godfrey Muwumuza, Suspect.

    Kabojja Junior School Teacher Faces Fresh Charges in Child Abuse Case

    Dr. Halima Wakabi Akbar

    Scandal at IUIU: Registrar Under Fire Over Alleged Fake Degrees

  • In Luganda
    Counsel George Musisi ng'alaga emu ku kaadi mu lukungana lw'amawulire

    Munnamateeka Wa NUP Atambula Nju Ku Nju Ng’ Asaggula Obuwagizi  

    Ettaka Lyabatuuze Omutwalo Gumu Mubizinga Bye Bussi Liri Mulusuubo

    Ettaka Lyabatuuze Omutwalo Gumu Mubizinga Bye Bussi Liri Mulusuubo

    Omusumba Lwandasa ng'afukirira omuti

    Abazadde Basabiddwa Okwagazisa Abaana Okukuuma Obutonde Bwensi

  • In Photos
    Katikiro presiding over the opening of the renovated official residence of the Buddu County Chief at Ssaza grounds in Masaka City on Tuesday. Pictures by Robert Nsubuga.

    Pictorial:  Katikiro Mayiga Slams Masaka People Over Poor Hygiene

    Ismael-Kifudde-the-Mukono-Police-Division-Officer-in-Charge-directing-Nambooze-not-to-use-the-route-heading-to-town-center

    Moments of Excessive Force Against Betty Nambooze in Recent General Elections

    Ismael-Kifudde-the-Mukono-Police-Division-Officer-in-Charge-directing-Nambooze-not-to-use-the-route-heading-to-town-center

    Throw Back: Mukono Municipality Parliamentary Processions after Nominations in Pictures

  • Profiles
    L-R MP Mawogola South (Sembabule)-Goreth Namugga, Councillor Amiri Kiggundu, COTFONE Coordinator-Kayinga Yisito Muddu and Mr Xavier Ejoyi, Country Director ActionAid International Uganda at the award event

    National Citizens’ Integrity Awards 2024: Unsung Heroes Celebrated

    Shaping Perceptions: Patricia Namiwanda, a Blind Advocate Of Change

    Shaping Perceptions: Patricia Namiwanda, a Blind Advocate Of Change

    Sr.-Crispin-Christine-Namara

    Sr. Crispin Namara: Seeta Junior School Head Teacher Redefining Education Excellence  

  • Op-Ed
    • Editorial
    • Opinion
  • Login
No Result
View All Result
Insight Post Uganda
Home Security

Military Courts Have No Powers To Try Civilians-Supreme Court

Insight Post Uganda by Insight Post Uganda
January 31, 2025
in Security
Reading Time: 5 mins read
A A
0
Chief Justice

Chief Justice

 The Supreme Court has put to rest the debate on whether civilians can be tried in military courts.

In an almost unanimous decision, the seven judges of the Supreme Court with a little variance ruled that military courts are not vested with the competency to try civilians. 

Chief Justice Alfonse Owinyi-Dollo held that Court Martial judges do not have any requirement of having legal training and equated it to sending a person to the theatre to operate a patient when that person doesn’t have the requisite qualifications to do an operation. 

Owiny-Dollo held that even though court martial judges don’t have any legal qualifications, they try everything and anything including treason yet their decisions can’t be appealed.

Related posts

DPP Opposes Bail Application for Lawyer Eron Kiiza

African Rights Commission Slams Uganda Over Crackdown on Lawyers and Journalists

May 10, 2025
High Court Grants Bail to Civilian Detained 1, 500 Days on Military Orders     

High Court Grants Bail to Civilian Detained 1, 500 Days on Military Orders     

April 18, 2025

The Chief Justice also held that in the court martial even junior officers and bodyguards can also sit on the panel to try persons accused of all manner of offences such as treason. 

Owiny-Dollo sounding comical went on to say that even himself who is fairly educated cannot be picked and taken to Mulago Hospital to conduct a childbirth operation or be picked to be a brigade, Commander.

The Chief Justice also took the pain to explain the difference between being a service member, a former service member and those retired and the chain of command saying that there is a stark contrast between those and therefore, they can’t be treated in the same way. 

Owiny-Dollo also had an issue with how the members of the military court are chosen by the President on very short terms of one year which denies them the security of tenure that allows them to dispense justice without fear or favour.

Hence the lack of security of tenure naturally denies them the ability to be independent from the appointing authority like judges in the judiciary.

The Chief Justice therefore noted that the fact of appointing officers of court without giving them security of tenure is unconstitutional.

On the other hand, Owiny-Dollo noted that the Court Martial cannot provide adequate facilities for the preparation of defence by those appearing before them. 

He noted that being able to prepare for a defence is part of a fair hearing and any court that can’t guarantee that, can’t claim to be a court.

On the other hand, because the decisions of the Court Martial can’t be appealed outside the court-martial, Owiny-Dollo held that this makes them unlawful because any law that doesn’t give people a right to appeal is unconstitutional and as such can’t stand. 

He further ruled that even the soldiers tried by the Court Martial their rights shouldn’t be violated by being tried by tribunals that lack the competency especially if the cases tried attract either a death sentence or a life imprisonment. 

He blamed Parliament for the overzealous by creating laws that seem to attract conflicts among institutions of government.

Consequently, he declared Sections of the UPDF Act that give military courts powers to try civilians are unconstitutional and therefore null and void.

He directed that all the hearings in the Court Martial are unconstitutional and therefore should cease henceforth. 

Before Owiny-Dollo read his ruling, four other Justices had already found that military courts not only lack the independence required of courts but are also not part of the courts of judicature. 

Monica Mugenyi, Catherine Bamugemereire, Elizabeth Musoke and Percy Night Tuhaise, all held that the military courts are not independent courts of judicature that can fairly dispense justice.

Like Owiny-Dollo, the four pointed out that the way the judges of the military courts are appointed, their lack of legal background and the security of their tenure is inadequate to guarantee independence. 

In 2016, then Nakawa Division Member of Parliament Michael Kabaziguruka was arrested and charged in the General Court Martial for crimes related to illegal possession of firearms and conspiring against the security of the defence forces.

He challenged his trial in the General court martial in the Constitutional Court arguing that as a civilian, it was illegal to charge him in a military court. The court issued its decision in July 2021. 

In their ruling which was decided by three justices to two, the court held that there were many impediments to the court martial making fair and independent judgements.

Justices Kenneth Kakuru [RIP], Remmy Kasule [retired] and Hellen Obura held that the military courts not only lack the independence that is required of any court but also assumed powers that the constitution gave to the judicial branch of government.

Kakuru who wrote the lead judgement observed that the aim of the UPDF Act was meant for those in active military service and should never have been expanded to include civilians.  

“The UPDF Act in my view was never intended to be an Act of general application. It is a statute of special and limited application.

Article 210 of the Constitution from which Parliament derived the power to enact the impugned law, is itself very restrictive. That power only relates to UPDF and UPDF alone.

It does not extend to regulation or adjudication of crime set out under other legislation.

Those functions are provided for in other Articles of the Constitution that establish the Judiciary, the Police and Prisons Service and the Directorate of Public Prosecutions among others… Section 197 of the UPDF Act clearly states that “there shall be a Court Martial for the defence forces,” Kakuru’s judgement reads in part. 

It is this judgement that the Attorney General who was sued in his capacity as the representative of government appealed in the Supreme Court arguing that the judges of the Constitutional Court have erred in law and fact in holding as they did that military courts are not clothed with powers to try civilians. 

Today’s judgement is going to come as a relief to Dr Kizza Besigye, Obeid Lutale and other National Unity Platform supporters who are being tried in the military courts.  

Tags: Court Martial
ShareTweetPin
Previous Post

Military Courts Are Not Independent Courts-Four Judge Rule  

Next Post

By-Election: Six Express Interest in NUP Card in Kawempe North

Related Posts

Justice at Last: UPDF Deserter Sentenced for Murder of Prosecutor
Security

Justice at Last: UPDF Deserter Sentenced for Murder of Prosecutor

May 19, 2025
Charles Twine
Security

Mystery Deepens Over Disappearance of Former CID Spokesperson Charles Twine

May 16, 2025
ADF Commander Jamilu Mukulu Challenges Extradition in High Court
Security

ADF Commander Jamilu Mukulu Challenges Extradition in High Court

May 14, 2025
Police Launch Probe Into Brutal Killing of Assistant Resident City Commissioner
Security

Police Launch Probe Into Brutal Killing of Assistant Resident City Commissioner

May 12, 2025
Crime Scene Officer Hacked by Machete-Wielding Thugs
Security

Crime Scene Officer Hacked by Machete-Wielding Thugs

May 11, 2025
TRAGEDY: Falling Wall Claims Lives Of Three Children In Uganda Amid Heavy Down Pour
Security

Engineer Mubiru Banned Over Unsafe Designs

May 9, 2025
Next Post
Mathias Mulumba one of the aspirants for the NUP ticket

By-Election: Six Express Interest in NUP Card in Kawempe North

RECOMMENDED NEWS

PAN-AFRICAN LOSS: Dr. Hage Geingob’s Departure, a Call For Grooming Future Leaders, United Africa

PAN-AFRICAN LOSS: Dr. Hage Geingob’s Departure, a Call For Grooming Future Leaders, United Africa

1 year ago
MATCH2PARLIAMENT: Protesters Arrested As They Flock to Parliament

MATCH2PARLIAMENT: Protesters Arrested As They Flock to Parliament

10 months ago
Tour Operators Impressed by Preparations at Pearl of Africa Tourism Expo 2024

Tour Operators Impressed by Preparations at Pearl of Africa Tourism Expo 2024

12 months ago
Uganda’s Electoral Reforms: Electronic Voting and Other Key Proposals

Uganda’s Electoral Reforms: Electronic Voting and Other Key Proposals

8 months ago

FOLLOW US

Insight Post Uganda

We bring you the most balanced news professionally investigated by our news team. The Insight Post is Uganda’s News company regulated by the Uganda Communications Commission.

Follow us on social media:

Recent News

  • Bobi Wine Breaks Silence on Missing Police Officer
  • Kabojja Junior School Teacher Faces Fresh Charges in Child Abuse Case
  • Scandal at IUIU: Registrar Under Fire Over Alleged Fake Degrees

Category

  • Agriculture
  • Business
  • Editorial
  • Education
  • Environment
  • Health
  • Lifestyle
  • Luganda
  • News
  • Opinion
  • Photos
  • Politics
  • Profiles
  • Religion
  • Runyankole
  • Security
  • Sports
  • Tourism
  • Uncategorized
  • World News

Recent News

Bobi Wine Breaks Silence on Missing Police Officer

Bobi Wine Breaks Silence on Missing Police Officer

May 19, 2025
Godfrey Muwumuza, Suspect.

Kabojja Junior School Teacher Faces Fresh Charges in Child Abuse Case

May 19, 2025
  • About
  • Advertise
  • Careers
  • Contact

© 2024 The Insight post Uganda - The Insight post uganda. Site Powered by Bookablehood Ltd.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
error: Content is protected !!
en_USEnglish
en_USEnglish
No Result
View All Result
  • Home
  • Politics
  • Business
  • Sports
  • Lifestyle
  • Tourism
  • Opinion

© 2024 The Insight post Uganda - The Insight post uganda. Site Powered by Bookablehood Ltd.