‘Should civilians be tried in Military Courts?’

‘Should civilians be tried in Military Courts?’ That is the title of an article in The Independent (Uganda), 14 May 2024.

The Supreme Court will deliver its judgment on notice in the case where the government is challenging the Constitutional Court’s decision barring military courts from trying civilians. This pending case was filed as an appeal by the Attorney General following a successful petition by Former Nakawa Member of Parliament Michael Kabaziguruka.

In 2021, the Constitutional Court Majority of Justices ordered that the files for all civilians facing trial before the General Court Martial be transferred to civil courts through the office of the Director of Public Prosecutions within 14 days.

Kabaziguruka first petitioned the Constitutional Court in 2016, challenging the trial of civilians in military courts after being arraigned before the Makindye General Court Martial on charges of treachery, alleging an attempt to overthrow the government of Uganda. He argued that his trial before the military court was unconstitutional and that he had been denied the right to a fair hearing.

Based on this, the Majority of the Constitutional Court justices ruled that although the Court Martial is a competent court, its powers are limited to serving officers of the Uganda People’s Defense Forces. They ordered that all civilians serving sentences imposed by military courts have their files transferred to the High Court Criminal Division for either retrial or handling as the court deems fit. The same justices ruled that a civilian can then be charged as an accomplice.