Brigadier Freeman Mugabe reappointed General Court Martial chairman

Kampala, Uganda | THE INDEPENDENT | Brigadier Freeman Robert Mugabe has been reappointed as the Chairperson of the General Court Martial.

In a message from President Museveni which Uganda Radio Network has seen, Mugabe who was appointed last year to replace Lt General Andrew Gutti had his one-year contract renewed on Wednesday. His term of office was to expire on June 9.

In the same message, President Museveni also appointed and renewed the contracts for the six members of the panel, 17 reserve members, and members of the Technical Staff.

The Panel members are Col Joseph Ecelare Okalebo, Lt Col Sam Ntungura, Major Angella Catherine Laker, Captain Nicole Etoru, Captain Abdu Basajabalaba, and Warrant Officer One Oyar Boris Mark.

Others who have been reappointed as Reserve Members are Col David Ociti Kidega, Col Emmanuel David Muhanguzi, Lt Col Sebastian Bbosa Kalyesubula, Lt Col David Baguma, Major Etumidde Obini, Major Cyprian Sande Magezi, Major Jubilee Omax Denis Omeda, Major Sarah Ssonko Assimwe, Captain Grace Mbabazi, Captain Christine Sayuni Nantumbwe, and Warrant Officer One Robert Nyarare.

The technical staff are Col Richard Tukacungurwa who has been reappointed as the Judge Advocate, Lt Col Raphael Mugisha as the Prosecutor, Major Silas Mutungi as the Defense Counsel, Lt Col John Bizimana the Secretary/Registrar and LDP Habiba Kanyoma as Secretary.

According to President Museveni’s message, provided as and when desired, Major Mark Kugonza, Captain Ambrose Guma, Lt Alex Rasto Mukhwana, Private Regina Nanzala, Private Anthony Phillip Olupot may be Prosecutors, and Captain Simon Nsubuga Busagwa and LDP Priscilla Katende Nakabuye may be Defense Counsels .

The message requires the appointees to convene the General Court Martial as soon as possible for an expeditious hearing of cases in line with its mandate.

Apart from Nakabuye Katende who is a new member, this is the first time that the President has retained several members of the court and dropped one member, Brigadier General Ronald Solomon Bigirwa who is now the Defense Advisor in Dar es Salaam Tanzania.

“The President and Commander in Chief of the UPDF approved and duly signed the appointment and convening orders of the new court-martial members and its reserves and the message was recorded in our military messages a few days ago”, a source told Uganda Radio Network.

This is the first time that the President has renewed and appointed members of the General Court Martial before the expiry of their contract. In the past, the contracts were renewed for two to three months, which delayed the hearing of cases.

It is not known when the new team will take over the office and resume business but sources say they have been asked to prepare for Monday.

The Constitutional Court in 2022 ordered that all files of civilians in military courts should be transferred to the High Court in 14 days under the stewardship of the Director of Public Prosecutions saying that the trial of civilians in court martial was illegal.

The UPDF Act provides for circumstances in which the General Court Martial has jurisdiction over civilians, who appear to be the most prosecuted category of people there.

Section 119(1) of the UPDF Act provides that “persons subject to military law” include serving military officers and: (g) every person, not otherwise subject to military law, who aids or abets a person subject to military law in the commission of a service offense; and (h) every person found in unlawful possession of (i) arms, ammunition or equipment ordinarily being the monopoly of the Defence Forces; or (ii) other classified stores as prescribed.

On the basis of section 119(1)(g) and (h), many civilians have been prosecuted before the General Court Martial for offenses such as the unlawful possession of firearms or ammunition, aiding and abetting soldiers to commit offenses and treason.

Attorney General Kiryowa Kiwanuka has since appealed to the Supreme Court, the Constitutional Court decision that nullified the trial of civilians in the court Martial and he awaits a decision.

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