Supreme Court Bars Civil Courts from Hearing Court Martial Appeal Cases

The Supreme Court has ruled that Civil Courts do not have jurisdiction to hear appeals filed by soldiers tried and convicted by the Court Martial.

The land mark ruling is contained  in a unanimous decision delivered on Wednesday by five Supreme Court Justices led by Professor Lillian Tibatemwa in a case filed by a UPDF soldier Lt. Ambrose Ogwang, who was found guilty of murder by the Court Martial and  sentenced to life in prison.

Ogwang sought to overturn his  conviction and subsequent sentence claiming it was harsh and excessive. 

Ogwang’s troubles  began on May 23rd, 2010 when he  robbed a shop at gunpoint in Mbale City along Kumi Road. He was pursued by the police to a  house along Kumi Road but  While attempting to evade arrest, he shot and killed inspector of police George William Koire using an SMG rifle.

Ogwang was tried, convicted of murder, and sentenced to death by the UPDF 3rd Divisional Court Martial in Mbale and having  been disatisfied,  He appealed to the General Court Martial, which reduced the death penalty to life imprisonment.

Ogwang then appealed to the Court Martial’s Appellent Court, which also upheld the conviction and sentence of life imprisonment. 

Ogwang later lodged an appeal to Court of Appeal as a civilian which turned out to be  successful when the justices declared that he should be tried in the Highcourt because he never committed the offence while on duty as a soldier.  

The court of Appeal then quashed his conviction and set aside the sentence only for Ogwang to be indicted by the DPP with murder and robbery before the Highcourt as a civilian.

He was later convicted and sentenced to serve 29years in prison for murder.

Still not satisfied with the 29 year prison sentence,  Ogwang went back to the court of Appeal to challenge the sentence and later to the Supreme Court. 

However, the Supreme Court has ruled that the Court of Appeal lacked jurisdiction to entertain an appeal from the Court Martial Appeals Court.

The justices now hold the justices of the Court of Appeal in fault, quashed their decision and further ordered that Ogwang serves a life imprisonment sentence that was handed to him by the Court Martial Appeals tribunal .