By Spy Uganda
In a statement delivered shortly after the Supreme Court’s ruling on the trial of civilians in Military Court Martial, President Yoweri Kaguta Museveni has expressed his disappointment over the decision, while offering a perspective that seeks to defend the use of military courts in certain situations. The ruling, which has stirred a debate on the legality and fairness of trying civilians in military courts, comes at a time when Uganda is grappling with issues of law and order, especially regarding armed civilians.
Museveni began his statement by updating the nation on his recent trip to Busoga and Lango, where he had witnessed first-hand the positive impact of the government’s wealth creation initiatives, such as the Parish Development Model (PDM) and the Emyooga programme. He celebrated the progress of rural Ugandans who are beginning to embrace the money economy, particularly in sectors like agriculture, which he referred to as “ekibaro.”
However, the mood shifted as the president addressed the Supreme Court’s decision on the trial of civilians by the Military Court Martial. He voiced his concerns over what he described as an incorrect ruling, asserting that military courts play a crucial role in maintaining national security and discipline, particularly when it comes to armed civilians involved in criminal activities.
Museveni made the case that civilians who illegally arm themselves with guns for criminal purposes should be subject to trial in military courts, as these courts are specifically designed to handle matters of national security, which include the illegal possession and use of firearms. He questioned the logic of allowing criminals, who acquire weapons for unlawful activities, to evade justice simply because they are not soldiers. In his view, such civilians, who pose a threat to the public, should be tried in military courts to prevent the abuse of the legal system and to maintain order.
While acknowledging the Supreme Court’s ruling, Museveni highlighted that some justices, such as Justices Chibita and Mugyenyi, had supported the logic behind the use of military courts for armed criminals, and he commended them for their reasoning. He also noted that Chief Justice Alfonse Owiny-Dollo had ruled that military courts could still be used, provided certain adjustments were made. This, Museveni said, pointed to a recognition of the need for flexibility and rationalization within the judicial system, particularly concerning the trial of civilians in military courts.
Despite this, Museveni’s position remains firm that military courts serve an important function in maintaining national stability, especially in regions like Karamoja, where criminality and armed rebellion have historically posed significant challenges. He pointed to the role of military courts in disciplining members of the army and protecting the institution of the military from internal crime, such as stealing rations, which would otherwise be processed through civilian courts. The president argued that, without such courts, prosecuting soldiers for offences like theft could complicate the judicial process.
The president’s statement also made a larger point about the role of the judiciary in Uganda’s governance. While he acknowledged the importance of judicial independence, Museveni reminded Ugandans that the country is ultimately governed by the people, through democratic processes such as referenda and parliamentary amendments. He urged the Attorney General to propose amendments to the constitution to address the issues raised by the Supreme Court ruling, thereby ensuring that the judicial system remains effective in protecting the country’s interests.
Museveni concluded by drawing a comparison to practices in Western countries, where controversial issues such as same-sex marriage are legally sanctioned. He questioned why Uganda, as a sovereign nation, could not also allow for the trial of armed criminals in military courts, given the unique needs of the country and the importance of maintaining security.
The president’s remarks underscore the tension between legal reforms and the practical realities of governance, particularly in a country facing security challenges. As the debate continues, Uganda’s legal framework may soon be subject to further amendments, aimed at balancing judicial independence with the need for effective law enforcement and national security measures.
