The long-awaited judgment as to whether the military courts should try civilians or not has been fixed for January 31st by the Supreme Court.

According to the notice sent to the lawyers who have been involved in this case, Lukwago and Company Advocates, Alaka and Company Advocates, Rwakafuuzi and Company Advocates as well as the Attorney General, the decision is going to be delivered at 9:30 am.

The notice signed by Mary Babirye, the Deputy Registrar of the Supreme Court indicates that if no appearance is made by any of the parties or by anyone by law authorized to act on their behalf, the judgment shall be delivered in their absence.

In May 2024, the Supreme Court promised to deliver its judgment on notice in the case where the Government/Attorney General 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, comprising the late; Kenneth Kakuru, Hellen Obura and Remy Kasule (with Christopher Izama Madrama and Stephen Musota dissenting), 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 (ODPP) 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. 

By Our Reporter

24 Jan 2025

END