The Supreme Court has ruled that the General Court Martial (GCM) has no jurisdiction to try civilians, declaring its involvement in such cases unconstitutional.
The landmark decision, delivered by Chief Justice Alfonse Owiny-Dollo, upholds a Constitutional Court ruling that had nullified military trials of civilians, dealing a blow to the government's longstanding position on the matter.
"The General Court Martial is a military organ with limited jurisdiction," Justice Elizabeth Musoke stated in concurrence.
"The cases that may be tried there are limited to discipline, and the nature of punishment is confined to disciplinary measures. It does not have general judicial functions."
The ruling comes in response to an appeal by the Attorney General challenging the Constitutional Court's 2021 decision, which had declared Sections 2, 119, and 179 of the Uganda People's Defence Forces (UPDF) Act unconstitutional.
These provisions had allowed the military court to prosecute civilians under specific circumstances.
Justice Percy Night Tuhaise was unequivocal in her stance, asserting that "all prosecution of criminal offenses should be done by the Director of Public Prosecutions (DPP). Justice cannot only be done but must be seen to be done."
She pronounced the GCM incompetent to handle judicial matters, emphasizing that its members lacked the legal qualifications to guarantee fair trials.
The ruling highlighted fundamental concerns over the military court's lack of independence and impartiality.
Justice Bamugemereire noted that the GCM "is not a subordinate court and lacks essential features such as independence and impartiality."
Justice Musoke added that its jurisdiction "goes beyond the spheres of discipline," rendering it legally unsound to try civilians.
The court further ordered that the GCM can only try members of the UPDF and only in cases of disciplinary offenses.
"Where a military court determines that a case requires imprisonment, the file shall be forwarded to the DPP for prosecution in a competent court," the ruling stated.
Attorney General Kiryowa Kiwanuka, who had defended the government's position, argued that the GCM's jurisdiction over civilians was justified for national security reasons.
However, the justices found no constitutional basis for this argument.
'I'm not beyond reproach - Dollo'
Chief Justice Owiny-Dollo also took the opportunity to address public criticism of the judiciary, particularly accusations of judicial inefficiency in politically charged cases.
"If you know arithmetic very well, you will see that these have been eight months, not four years," he said, dismissing claims that the judgment had been unduly delayed.
He defended the judiciary's independence, stating, "Insulting and attacking judicial officers is no way to engage in discourse. Criticism should aim to improve the system, not undermine trust in institutions."
The ruling is expected to have far-reaching implications, with legal experts urging the government to undertake necessary reforms to align the military justice system with constitutional provisions.
The Supreme Court also awarded costs to the respondents, a decision seen as a strong rebuke of the government's stance.
Meanwhile, DPP Frances Abodo recently told Parliament that her office lacks the mandate to take over cases from the Court Martial, citing constitutional constraints.
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"I can't institute and I can't take over cases under the Court Martial. We have looked at it, and I just want to stay in my lane," she told MPs, reinforcing the concerns raised by the Supreme Court.
The judgement marks a significant victory for human rights advocates who have long challenged the prosecution of civilians in military courts.
The government, however, is yet to indicate whether it will push for legal amendments to reinstate some of the military court's powers.
Starting immediately, the deep relief in the nation will be followed by debate on whether the military will comply with the highest legal decision in the land and free not only Dr Besigye and his associate Obeid Lutale but also their lawyer Eron Kiiza, who was jailed for nine month by the military court.
