The Supreme Court of Uganda has ruled that the General Court Martial (GCM) lacks jurisdiction over civilians, affirming that such trials violate the Constitution.
The landmark ruling, delivered by Chief Justice Alfonse Owiny-Dollo, upholds a 2021 Constitutional Court decision that nullified Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act, which had allowed military courts to prosecute civilians under specific conditions.
Justice Elizabeth Musoke emphasized that the GCM is strictly a military organ with a disciplinary mandate and not a general judicial authority.
“The cases tried there are limited to disciplinary matters, and punishments must be confined to military discipline,” she stated.
Justice Percy Night Tuhaise reinforced this position, stating that criminal prosecutions should only be handled by the Director of Public Prosecutions (DPP) to uphold justice and fairness.
She further declared the GCM incompetent in judicial matters, noting that its members lack the legal qualifications required for fair trials.
Justice Bamugemereire added that the military court does not function as a subordinate court and lacks independence and impartiality.
As a result, the Supreme Court ordered that military courts can only try UPDF personnel for disciplinary offenses.
Cases requiring imprisonment must be forwarded to the DPP for prosecution in a competent civilian court.
Government’s Defense Rejected
Attorney General Kiryowa Kiwanuka had argued that military courts should retain jurisdiction over civilians for national security reasons.
However, the justices found no constitutional justification for this claim.
The Supreme Court also awarded costs to the respondents, signaling a strong rebuke of the government’s position.
During the ruling, Chief Justice Owiny-Dollo addressed public criticism of judicial delays, particularly in politically sensitive cases.
“If you know arithmetic well, you will see that this took eight months, not four years,” he said, dismissing claims of undue delays.
He defended the judiciary’s independence, urging constructive criticism rather than attacks that undermine public trust in legal institutions.
The ruling is seen as a major victory for human rights advocates who have long opposed military trials for civilians.
It remains unclear whether the government will seek legal amendments to reinstate some of the military court’s authority.
The decision also raises immediate concerns about the fate of civilians currently detained by military courts.
Attention has now shifted to whether the military will comply with the ruling and release opposition figures such as Dr. Kizza Besigye, Obeid Lutale, and lawyer Eron Kiiza, who were sentenced by the Court Martial.
The ruling is expected to trigger further debate on military justice reform in Uganda.
