Breaking! You’re Merely A Tribunal Not Court-Supreme Court Nullifies Powers By GCM To Try Civilians!

By Spy Uganda

In a landmark ruling that has significant implications for the Ugandan justice system, the Supreme Court has ruled in favor of numerous Ugandans challenging the trial of civilians in military courts. This decision marks a critical shift in Uganda’s legal landscape, strengthening the rule of law and protecting civilian rights.

On Friday afternoon, Chief Justice Alfonse Owiny-Dollo delivered the majority ruling, stating that all ongoing and pending criminal charges involving civilians in the General Court Martial (GCM) and other military courts must immediately cease and be transferred to civilian courts.

“This ruling is a victory for the rule of law and the protection of constitutional rights,” Chief Justice Owiny-Dollo said.

Read Full Ruling Below; 

The ruling follows a constitutional review of the Uganda People’s Defence Forces (UPDF) Act, particularly the provisions that had allowed military courts to prosecute civilians. The court found these provisions violated several constitutional protections, including the right to a fair trial and judicial independence. The Supreme Court specifically addressed Section 117(1)(g) of the UPDF Act, which granted military courts jurisdiction over civilians accused of aiding or abetting service offenses.

The decision follows years of public outcry and legal challenges to the practice, which has long been criticized by human rights advocates, activists, and the legal community.

Key Rulings and Orders from the Supreme Court

1. The court ruled that any ongoing trials of civilians before military courts must stop immediately. All pending cases are to be transferred to civilian courts with competent jurisdiction.
2. The ruling does not affect past convictions unless a civilian’s conviction and sentence are actively being challenged in court.
3. Cases involving UPDF officers accused of crimes that fall under Uganda’s civil law system must also be transferred to the appropriate civilian courts.
4. Although the Supreme Court did not declare military courts inherently unconstitutional, it highlighted the absence of adequate safeguards to ensure impartiality and independence in the current legal framework. The court called on Parliament and the executive to reform military court procedures to align them with constitutional and international human rights standards.
5. In an advisory order, the Supreme Court urged Parliament and the executive to amend the UPDF Act, recommending reforms such as:
   • Making the General Court Martial a division of the High Court.
   • Limiting military disciplinary bodies from imposing prison sentences.
   • Assigning qualified civilian judicial officers to military courts to guarantee fairness.
   • Clearly defining the strict circumstances under which civilians may be tried in military courts.

The case, initiated by former Member of Parliament Hon. Micheal Kabaziguruka in 2021, had long been a point of contention, especially as it challenged the legality and fairness of military trials for civilians. Kabaziguruka, who had personally faced charges in a military tribunal, was at the forefront of the national debate about the constitutionality of such trials. His challenge is seen as a victory for many others who have faced similar trials, including opposition leader Dr. Kizza Besigye and lawyer Eron Kiiza.

Read Full Ruling Below; 

While the ruling has been hailed by critics of the military court system as a win for justice, it also places pressure on the government to implement reforms that will ensure such trials adhere to constitutional principles and international standards. The move to transfer civilian trials to civilian courts aims to prevent the abuse of power and reinforce the idea that military courts should be reserved for military personnel and matters strictly related to military offenses.

As the UPDF and other stakeholders evaluate the implications of this ruling, the Supreme Court’s decision is expected to spur discussions on broader reforms in Uganda’s legal system, especially concerning the balance of power between the military and civilian judicial systems.