The Supreme Court in Kampala has issued a landmark ruling halting the trial of civilians before the General Court Martial, directing that all such cases be transferred to ordinary courts with the appropriate jurisdiction.
In a majority decision by a panel of seven justices, Chief Justice Alfonse Owiny-Dollo declared, “All ongoing trials involving civilians in the court martial must immediately cease and be transferred to ordinary courts of law.”
This ruling marks a significant step in ensuring the protection of civilian legal rights and the proper separation of military and civil judicial functions.
The justices underscored that military courts, including the Field Court Martial, the General Court Martial, and divisional military courts, are specialized institutions established by law.
However, their jurisdiction is strictly limited to matters concerning the discipline and conduct of personnel within the Uganda People’s Defence Forces (UPDF).
The Supreme Court found that trying civilians in these courts violates fundamental principles of justice and fair trial.
A key concern raised in the ruling was the composition of the military courts. These courts are staffed primarily by serving army officers, who take orders from their appointing authorities and often lack the necessary legal expertise to oversee judicial proceedings competently.
This structure, the court emphasized, compromises both the independence and impartiality required for a fair and just legal process.
Chief Justice Owiny-Dollo illustrated this concern by drawing a parallel with his own professional background. “Imagine myself, the Chief Justice of Uganda, who has never undergone military training, being tasked to lead a battlefield operation and defend the country against an enemy,” he remarked.
“Just as military expertise is crucial in warfare, legal expertise is fundamental in the administration of justice.”
The ruling is expected to have far-reaching implications, as numerous civilians currently facing trial before military courts will now have their cases transferred to the civil judiciary.
Legal analysts and human rights organizations have lauded the decision, viewing it as a victory for constitutionalism, human rights, and the rule of law in Uganda.
While military courts will continue to serve their intended purpose within the armed forces, the Supreme Court’s decision reinforces the principle that civilians must be tried within the civilian legal system, where due process and judicial independence are more rigorously upheld.
This ruling is seen as a significant step in strengthening the country’s judicial system and reaffirming the separation of powers between military and civil legal institutions.
