By Frank Kamuntu
The Supreme Court is set to deliver a highly anticipated ruling on January 31, 2025, regarding the controversial issue of civilians being tried in the General Court Martial. This follows an appeal by the Attorney General, challenging a 2021 Constitutional Court ruling that deemed such trials unconstitutional.
The case stems from a 2016 petition by Michael Kabaziguruka, a former Nakawa Member of Parliament, who was accused of illegal firearm possession and plotting to overthrow the government. Kabaziguruka, a vocal critic of the government, argued that the charges were politically motivated, and his trial in the military court violated his constitutional rights. The Constitutional Court ruled in his favor, but the Attorney General appealed the decision, leading to the ongoing legal battle.
The delay in the Supreme Court’s ruling has sparked considerable debate, with critics arguing that it prolongs uncertainty for civilians facing trial in the General Court Martial, including high-profile figures like Dr. Kizza Besigye and Hajj Obeid Lutale. Both opposition leaders are currently undergoing trial on similar charges, further intensifying the conversation about the legality of military courts handling civilian cases.
The case has become a focal point in the ongoing discourse around the separation of powers and the protection of civilian rights in Uganda, raising questions about the role of the judiciary and the fairness of military tribunals in handling politically sensitive cases.
As the Supreme Court prepares to deliver its judgement, the nation waits with bated breath for clarity on whether civilians will continue to be subject to the General Court Martial or whether their trials will be moved to civilian courts in the future.
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