On September 16, Justice [Patricia] Basaza [Wasswa] dismissed the MP's petition which was challenging his trial under martial law when he is a civilian. The judge held that Section 119 of the UPDF Act gives unlimited jurisdiction and powers to the General Court Martial to try even civilians.
Justice Basaza added that unless the Act is repealed or invalidated by the Constitutional Court, the law demands that civilian suspects be subjected to military law if they are liable for aiding and abetting serving UPDF officers to commit service offences.
Mr [Michael] Kabaziguruka contends that the trial judge erred in law and fact when she found that the court martial had jurisdiction to try him. He says the judge failed to exercise her jurisdiction under article 50 of the Constitution and, therefore, failed to find that he could not have a fair trial in the military court.