By Frank Kamuntu
The Director of Public Prosecutions (DPP), Frances Abodo, has rejected proposals from some MPs urging her office to take over cases involving civilians charged before the Court Martial. She cited constitutional limitations, emphasizing her commitment to staying within her mandate as defined by the law.
While presenting the 2025/26 Budget Framework Paper for the Office of the Directorate of Public Prosecutions before the Legal and Parliamentary Affairs Committee, Abodo stated, “I cannot institute or take over cases under the Court Martial. I want to stay in my lane because the Constitution bars me from interfering in those proceedings. I also refrain from commenting on the matter as it is pending before the Supreme Court, which could lead to my statements being misquoted or breaching the sub judice rule.”
Her response came after Bugiri Municipality MP Asuman Basalirwa asked her to consider assuming control of civilian cases in the Court Martial. Basalirwa argued that Article 120 of the Constitution permits the DPP to take over and discontinue criminal proceedings even in military courts.
“We believe that while the Constitution prevents the DPP from instituting cases in the Court Martial, it does not entirely bar her from taking over or discontinuing cases there,” Basalirwa said. “We invited her to explore this constitutional provision to ensure fairness, especially in cases involving civilians.”
The Court Martial and the government have faced mounting scrutiny, particularly after the abduction of former presidential candidate Kizza Besigye and his associate Obeid Kamulegeya from Kenya in November 2024. The duo later resurfaced and was charged with terrorism and illegal possession of firearms before the General Court Martial.
Criticism has also been directed at the Judiciary, especially the Supreme Court, for delaying its ruling on a case filed by former MP Michael Kabaziguruka challenging the trial of civilians in military courts. The prolonged delay has fueled accusations of judicial complicity in the government’s actions against opposition figures.
Basalirwa reiterated his appeal, stating, “Her interpretation of Article 120 differs from ours, but we encourage her to reconsider for the sake of justice and accountability in the Court Martial.”
Article 120 of the Constitution defines the DPP’s authority, including the power to institute criminal proceedings in any court with competent jurisdiction, except the Court Martial. However, it also grants the DPP power to take over and continue criminal proceedings initiated by other authorities, which MPs argue should apply to the Court Martial as well.
Addressing broader concerns, Abodo defended her office’s practice of taking over cases filed by private individuals, clarifying that her decisions are guided by thorough investigations. She explained that every case reviewed by her office involves multiple layers of legal opinion from state attorneys to ensure accountability.
“There is no case in the DPP’s office without extensive legal scrutiny. I often delegate decisions to senior deputies for added oversight,” Abodo said. “When cases lack sufficient evidence, they may be withdrawn to prevent injustice.”
She further explained that prosecutors sanction cases not because there is complete evidence but when there is enough preliminary evidence to proceed. If further investigations reveal insufficient grounds for conviction, the case can be withdrawn.
Abodo also responded to criticisms from Erute South MP Jonathan Odur, who cited increasing case backlogs and unjustified charges as signs of declining performance in the DPP’s office. She acknowledged the challenge but assured MPs that new guidelines had been introduced to ensure more rigorous decision-making by prosecutors.
“Charging someone is a serious decision with profound consequences on their life and community,” Abodo said. “We are implementing stricter guidelines for our staff to prevent the filing of weak cases and ensure justice is served.”
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