The Constitutional Court has ruled that the trial of the civilians in Military General Court Martial is illegal and order immediate transfer of their files to civil courts.
In a majority ruling, four out of five judges on Thursday ruled that the General Court Martial’s jurisdiction is only limited to trying service offences specified under the UPDF act, only only in respect to persons subject to military law.
“All those persons, not subjected to military law and are currently being tried before any military court, we order that their files be transferred to civil courts under the direction of Director Public Prosecutions within 14 days from that date hereof,” the judges ruled.
Great catch by Phil Cave. The decision is not yet on the Uganda Legal Information Institute website, www.ulii.org.
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