The Supreme Court of Uganda is set to deliver a landmark judgment today in a case challenging the authority of military courts to try civilians.This highly anticipated ruling, pertains to the case of Attorney General vs. Hon. Michael Kabaziguruka (Constitutional Appeal No. 02 of 2021).
The case arose after Hon. Michael Kabaziguruka, a former Member of Parliament, challenged his trial before the General Court Martial in 2016. He was charged with offenses related to treason and conspiracy to overthrow the government.
Kabaziguruka argued that his trial before a military tribunal violated his constitutional right to a fair trial and equality before the law, as he was a civilian and not subject to military law.
The Constitutional Court previously ruled in favor of Kabaziguruka, declaring that prosecuting civilians in military courts was unconstitutional.
The Attorney General, representing the government, subsequently filed an appeal to the Supreme Court, seeking to overturn the decision.
A seven-member Supreme Court panel led by Chief Justice Alfonse Owiny-Dollo will render its verdict today. The panel includes Justices Faith Mwondha, Night Percy Tuhaise, Mike Chibita, Monica Mugenyi, Catherine Bamugemereire, and Elizabeth Musoke. Their decision will have significant implications for the separation of powers, the independence of the judiciary, and the constitutional rights of civilians in Uganda.
Today’s ruling is expected to resolve a legal battle spearheaded by veteran opposition figure Col. (Rtd) Dr. Kizza Besigye and his aide, Obeid Lutale. Their legal team, led by Kampala Lord Mayor Erias Lukwago, has consistently condemned the prosecution of civilians in military courts.
The two were arrested in November last year in Nairobi, Kenya, and later arraigned before the General Court Martial in Makindye, Kampala. They declined to take a plea, arguing that the military courts lack jurisdiction over civilians, a position echoed by many legal experts and human rights activists.
Opposition groups are closely watching the case, with many hoping for a ruling that curtails the military’s reach over civilian matters.
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