KAMPALA– The Supreme Court has fixed Friday 31st January 2025 as the date at which it will deliver it’s Judgement in an appeal filed by Attorney General challenging the Court of Appeal decision outlawing trial of civilians in Army Court.
“Take notice that the Judgment of this appeal has been fixed for the 31st day of January, 2025 at 09:30 am O’clock in the fore/ afternoon or soon thereafter the judgment in this Appeal will be delivered in this court.” Reads part of the Judgement notice signed by the Deputy Registrar Supreme Court.
The judgement notice also states that if no appearance has been made by the counsel of the parties or any one by law authorized to act for them , the judgment shall be delivered in their absence.
This has followed a loud public outcry from the legal practitioners, civil society organizations and general public who have been affected by trial of civilians in General Court martial.
Background
On 1st July 2021 the majority justices of Constitutional court ruled in favour of Hon Michael Kabaziguruka when they pronounced that it was unconstitutional to charge civilians under the penal code before the General court martial because its not an independent tribunal as required by law.
Court noted that because they are under control of the Executive arm of the Government therefore chances are high to work towards pleasing the appointing Authority which may end up affecting the acused persons among other reasons.
However being not satisfied with this decision, the respondent at Constitutional court (Attorney General) Petitioned the Apex (Supreme) court of Uganda to have the above decisions overturned.
On 16th July 2021, a panel of Supreme court justices led by Chief Justice Alifonse Owiny Dollo issued an Interim order staying orders and declarations of the majority Constitutional Court decision which had outlawed the trial of Civilians in General Court martial untill the final pronouncement of Supreme court.
Since then, a number of civilians have been tried on several cases before military tribunals including Makindye General Court Martial.
However several complaints have been raised by several stakeholders claiming that the delayed disposal of this appeal has caused injustice to many people (civilians) who have been illegally subjected to Military law.
The victims include , National Unity Platform (NUP) supporters charged treachery charges, unlawful possession of military stores, Rtd Col Dr. Kiiza Besigye and his aide Hajji Obeid Lutale , Counsel Eron Kiiza who is serving nine months sentence at Kitalya Prison among others.
