Supreme Court Gives Judgment Notice in Court Martial of Civilians Case

The Supreme Court has issued a Judgement notice in an appeal case where the Attorney General challenged a constitutional court ruling barring the trial of civilians in the Court Martial.

According to the notice issued on the 24^th of January 2025 by the Deputy Registrar of the Supreme Court Mary Babirye, the judgement will be delivered on the 31^st of January 2025.

The genesis of the case can be found in the year 2016 when then Nakawa Member of Parliament, Michael Kabaziguruka, petitioned the Constitutional Court challenging his trial in the General Court Martial.

Kabaziguruka was accused of illegal possession of firearms, a monopoly of the defense forces.

He was also accused of trying to overthrow a democratically elected government.

Kabaziguruka, who was arrested and detained for several months, denied all the charges against him, describing them as politically motivated.

In 2021, the Constitutional Court ruled that trying civilians in the General Court Martial was illegal.

Following the appeal by the Attorney General, the Supreme Court made an order staying the ruling of the Constitutional Court.

The case was heard by the Supreme Court and finalized in 2021, but since then, a ruling has not been delivered.

Several legal minds and commentators have criticized the Supreme Court for delaying the ruling arguing that this delays dispensation of justice for those civilians like political prisoners who find themselves bundled before the court to stand trial on charges relating to treachery or possession of firearms.

Currently, opposition political activist Dr. Kizza Besigye and his political ally, Hajj Obeid Lutale, both civilians, are facing trial before the General Court Martial over similar charges.

Besigye’s detention for over two months now and trial before the army court has caused widespread debate and multiple calls from both political and civil society organizations to halt his trial which is widely viewed as an illegality.