Excitement, ullulations, hugs, dances and congratulations fill the Supreme Court on Friday after seven Justices unanimous ruled against trying civilians in military tribunals.
Key points is that the Supreme Court of Uganda in Attorney General v Hon. Micheal A. Kabaziguruka, issued several orders and some of these as summarized by chapter four and other human rights organizations include:
1. The General Court Martial is a subordinate court of law, with specialized jurisdiction. This means that the military courts are under the ordinary courts of law.
2. Sections of the UPDF Act that grant military courts jurisdiction over capital offences are unconstitutional.
3. Military courts in Uganda do not contain any or sufficient constitutional guarantees and safeguards for them to exercise their judicial functions with independence and impartiality, which is a prerequisite for fair hearing.
4. Sections of the UPDF Act that confer jurisdiction for military courts to try persons subject to military law for civil and/or non-disciplinary offences are unconstitutional.
5. All charges, or ongoing criminal trials, or pending trials, before the court martial involving civilians must immediately cease and be transferred to the ordinary courts of law.
6. The judgment shall have no retrospective effect on any conviction made and sentences imposed before today, save where the conviction or sentence is being challenged in a court of law.
Ugandans reacted to Supreme Court Ruling as follows.
Charles Peter Mayiga, the Buganda Kingdom Premier said: “The Supreme Court has declared that its unconstitutional to try civilians in the General Court Martial. This upholds the Rule of Law without which Ugandans cannot enjoy their freedoms and rights.”
Mayiga added that the provisions of the Constitution and of the law must be adhered to in order to build and sustain democratic principles for the country.
“Constitutional and legal provisions should never be manipulated/twisted since that will eventually create gaping holes through which today’s culprits may be turned into tomorrow’s victims.”
Justice and constitution affairs minister Nobert Mao said: “Its mark of Independence is that sometimes it will agree with you and sometimes it will disagree with you. Today the Supreme Court settled a major constitutional dispute. Let’s unite in respecting the decision.”
Winnie Byanyima wife jailed opposition honcho Dr Kizza Besigye said: “Huge thanks to you all Ugandans, Kenyans, Africans and human rights defenders world over, thk you media, and social media activists for standing by all the victims of the kangaroo military tribunal including Kizza Besigye and Haj Obeid Lutale. The ruling of the Supreme Court is 4 years late. It’s your pressure that has finally delivered it, and in time to save.”
NUP Secretary General Lewis Rubongoya said: “A big day for constitutionalism and the rule of law! Hopefully, the regime will now not try to find means of trying to defeat this historic ruling by the Supreme Court!”