The Supreme Court of Uganda has ruled that the General Court Martial (GCM) cannot prosecute civilians, declaring its involvement in such cases unconstitutional.
Delivering the verdict, Chief Justice Alfonse Owiny-Dollo reaffirmed that the GCM is a military organ with limited jurisdiction, meant only for disciplinary cases within the armed forces.
Justice Elizabeth Musoke clarified that the military court’s mandate does not extend to civilians and that its punishments are limited to disciplinary measures.
Justice Percy Night Tuhaise added that only the Director of Public Prosecutions (DPP) has the authority to prosecute criminal offenses, ensuring that justice is not only done but also seen to be done.
The Supreme Court ruled that the GCM lacks the legal qualifications, independence, and impartiality required for civilian trials.
The justices emphasized that cases requiring imprisonment must be transferred to the DPP for prosecution in a competent civilian court.
Attorney General Kiryowa Kiwanuka defended the military court’s jurisdiction over civilians, citing national security concerns.
However, the justices dismissed his argument, stating that no constitutional provision justifies trying civilians in military courts.
In a strong rebuke to the government, the Supreme Court awarded costs to the respondents.
Chief Justice Addresses Judiciary Criticism
Chief Justice Owiny-Dollo responded to criticism about judicial delays, particularly in politically charged cases.
He dismissed claims that the ruling had been unnecessarily delayed, clarifying that it took eight months, not four years.
He urged the public to engage in constructive criticism rather than attacking judicial officers, emphasizing the importance of maintaining trust in the justice system.
The ruling is a major victory for human rights advocates who have long opposed military courts prosecuting civilians.
It also raises immediate concerns about civilians currently detained by the GCM, including prominent opposition figures such as Dr. Kizza Besigye, Obeid Lutale, and lawyer Eron Kiiza.
With the Supreme Court’s ruling now in effect, attention has shifted to whether the military will comply and transfer ongoing cases to civilian courts.
This decision is expected to spark further debate on military justice reform in Uganda.
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