President Museveni , legal minds and the Supreme Court are at crossroads over a recent ruling on civilian courts' jurisdiction on military appeals.
Five Supreme Court justices Lilian Tibatemwa, Mike Chibita, Stephen Musota, Christopher Mandrama and Catherine Bamugemereire in a unanimous decision on Tuesday ruled that soldiers' cases adjudicated upon by army courts cant be appealed against in civilian courts.
The court reasoned that the UPDF Act set army courts as being parallel and distinct from civilian courts.
"It appears to have been contemplated that the UPDF courts were better placed to address discipline issues within the rank and file of the armed soldiers and better able to hand out penal sanctions that, hopefully, deter further offending."
The Supreme Court ruled that it is through these army court structures that UPDF soldiers are made accountable and therefore can't appeal in civilian courts.
However, only a day after the landmark ruling, President Museveni has in a missive, said it is fine for offenders not satisfied by the decision of the army court to appeal in civilian courts.
"Besides, the court martial courts' system is a subordinate one to the general courts of the whole country. If the Court Martial judged badly, the superior courts will rectify the issue," Museveni said on Thursday morning.
Whereas both the president and the Supreme Court, which is the highest court in the land have walked different lines, the law gives powers to the latter.
Besides, some sections of the public are arguing that President Museveni's missive was in reference to civilians being tried at the army court and nothing about soldiers being arraigned before the army court.
Contacted for a comment, Judiciary spokesperson, James Ereemye Mawanda clarified that for now, the ruling is binding on all cases and is not specific to soldiers.
"For now all persons tried by the Court Martial can only appeal to the General Court Martial and the Court Martial appeals court and not to the Court of Appeal," Ereemye told this website.
He added, "On the issues of trial of civilians in the Court Martial Courts, the Supreme Court is yet to decide. Its subjudice for now. We shall wait the decision of the Supreme Court."
Lawyer, Eron Kiiza also weighed -in on the matter saying the ruling by the Supreme Court is inconsistent with the provisions of the Constitution.
"The Constitution requires the military to be subordinate to civilian authority. The ruling that there are no appeals from military tribunals to civilian courts is inconsistent with that tenet," Kiiza said.
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He also took a swipe at President Museveni's comments on the trial of civilians in the army court.
"It shows he did not read the judgment. The judgement will prevail over his political speeches until or unless the court reverses it," Kiiza said.
Kampala Lord Mayor, Erias Lukwago, who is also a lawyer described President Museveni's comments as being strange.
"Just a day after the Supreme Court ruled that the courts of judicature have no jurisdiction to handle appeals from the General Court Martial decisions, President Museveni gives a diametrically contrary proclamation that the court martial system is subordinate to civilian courts."
