By Spy Uganda
In a landmark shift for Uganda’s judicial landscape, the Director of Public Prosecutions (DPP), Jane Frances Abodo, has issued a directive outlining the implementation of the Supreme Court’s ruling barring the trial of civilians in military courts.
The Supreme Court judgment, delivered on January 31, 2025, unequivocally mandated the immediate cessation of all ongoing and pending trials involving civilians before military tribunals. It also extended to Uganda People’s Defence Forces (UPDF) personnel subject to service law, with all relevant cases ordered to be transferred to ordinary courts of competent jurisdiction. This ruling, spearheaded by Chief Justice Alfonse Owiny-Dollo, reaffirms the principle that military courts should not encroach on civilian judicial matters.
To ensure a smooth transition, the DPP has constituted a team of prosecutors tasked with reviewing investigative files and determining appropriate legal action. However, for security reasons, the identities of the team members remain undisclosed. Prosecutors have been further instructed to seek guidance from the DPP to ensure a coordinated approach to case management, reinforcing the prosecutorial office’s role in maintaining judicial order during this transitional period.
While the government has publicly stated its commitment to comply with the ruling, President Yoweri Museveni has voiced his dissatisfaction, raising concerns about its broader implications on national security and governance. This dissent underscores the ongoing tension between executive power and judicial independence in Uganda’s legal system.
The ruling has sparked a wave of legal challenges, with several civilians—including members of the National Unity Platform, lawyer Eron Kiiza, and activists Dr. Kizza Besigye and Obed Lutaale—seeking unconditional release from detention. Their petitions argue that their continued imprisonment is unlawful, given the absence of valid remand warrants, and constitutes a violation of their constitutional rights.
Now, as Uganda navigates the ramifications of this ruling, legal experts anticipate further legal reforms and potential amendments to military justice protocols. Meanwhile, the focus remains on how swiftly and effectively the judiciary and prosecution authorities can adapt to ensure justice is served within the bounds of the Constitution.
