The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | A group of lawyers representing Col. Dr. Kizza Besigye and Hajji Obeid Lutaale stormed the office of Chief Justice Alfonse Owiny-Dollo today, seeking clarity on the delayed judgment in the Attorney General’s appeal against a Constitutional Court decision that nullified the trial of civilians in military courts.
Led by Kampala Capital City Lord Mayor Erias Lukwago and Kenyan politician and legal expert Martha Karua, the team demanded answers on why the Supreme Court has yet to rule on the matter, despite the Chief Justice previously describing it as urgent and of public importance.
The controversy dates back to 2016 when Michael Kabaziguruka, a civilian and then Member of Parliament, was arrested on treachery charges and arraigned before the General Court Martial. Kabaziguruka challenged the military court’s jurisdiction in the Constitutional Court, which ruled in his favor. The court declared that sections of the Uganda People’s Defence Forces (UPDF) Act allowing civilian trials in military courts were unconstitutional.
However, despite the Constitutional Court’s judgment, the General Court Martial has continued to try civilians, including Besigye and Lutaale, prompting the lawyers’ intervention. The Supreme Court issued a temporary injunction in August 2021, staying the Constitutional Court’s decision and permitting military courts to continue trying civilians.
Lukwago and Karua argue that the injunction has been in place for far too long. “It is wrong for the army court to continue registering and trying new civilian cases,” said Lukwago.
The lawyers met Thadeus Tumwebaze, the Chief Justice’s private secretary, who assured them he would convey their concerns.
Security personnel blocked journalists from accessing the Judiciary premises, only allowing those with appointments to enter. This led to chaotic scenes, with the lawyers condemning the restrictions. “Such harassment of justice seekers mirrors the same issues we are challenging in military courts,” Karua remarked.
Judiciary Public Relations Officer James Jumire Ereemye Mawanda, currently out of the country, acknowledged the reports and promised to address media concerns upon his return.
Besigye and Lutaale were arrested in November 2024 in Kenya and charged in the General Court Martial with unlawful possession of firearms, ammunition, and treachery-related offenses.
They remain on remand and are expected back in court on December 10, 2024. The Supreme Court, in May 2024, had promised to deliver its judgment on the trial of civilians in military courts, but seven months later, no decision has been rendered.
The case is before a panel of seven justices, including Chief Justice Owiny-Dollo, Faith Mwondha, Percy Night Tuhaise, Mike Chibita, Monica Mugenyi, Elizabeth Musoke, and Catherine Bamugemereire. The delay in judgment continues to raise concerns among legal practitioners and human rights advocates about access to justice and adherence to constitutional principles.
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