UGANDA’S Supreme Court ruled on Friday that trying civilians in military courts is unconstitutional, a decision that brings immediate relief to opposition leader Kizza Besigye. The court ordered that all ongoing trials of civilians in military courts must stop and be transferred to civilian courts.
‘All charges or ongoing criminal trials or pending trials before the courts martial involving civilians must immediately cease,’ said Chief Justice Alphonse Owiny-Dollo, reading the lead judgment of a panel of justices. He explained that members of military courts do not have the legal competence to fairly handle criminal trials involving civilians, as required by Uganda’s constitution.
This ruling directly impacts Besigye, who has been charged with firearms and security offences at Uganda’s general court martial. Some of the charges carry the death penalty, and Besigye had been scheduled to appear in court on Monday. However, following the Supreme Court ruling, he will no longer face trial in the military court.
Besigye’s lawyer, Erias Lukwago, hailed the decision, calling it a victory for Besigye and a step forward in the fight for justice. ‘This is a significant legal breakthrough,’ Lukwago said.
Besigye’s wife, Winnie Byanyima, head of UNAIDS, has previously stated that the charges against her husband are politically motivated, while his legal team has denied the allegations, calling them baseless.
The court’s decision has also drawn attention to the wider issue of using military tribunals for political purposes. Human rights activists and opposition figures have long accused the government of using military courts to target political opponents. ‘This ruling is a triumph for human rights and the rule of law in Uganda,’ said one activist.
The government, however, has rejected allegations of political bias, maintaining that military courts are vital for national security.
