Court Martial drops charges against businessman Buchanan

Kampala, Uganda | THE INDEPENDENT | Military prosecutors have dropped charges of illegal possession of a firearm and ammunition against city businessman Sam Buchanan.

Captain Ambroz Guma tendered a letter before the seven-member panel of the General Court Martial chaired by Lt General Andrew Gutti on Tuesday indicating that the state was no longer interested in prosecuting the matter.

As a result, Gen. Gutti endorsed the withdrawal and accordingly set Buchanan free. In August 2019, operatives from the Chieftaincy of Military Intelligence arrested Buchanan for his alleged involvement in counterfeit currency deals with the intention of defrauding foreign nationals.

Buchanan, who is the Chairperson of Great Stickers International, which promotes professional kicking boxing was later charged with illegal possession of a firearm and ammunition before the General Court Martial.

The military court heard that on August 16th, 2019, Buchanan, a resident of Buziga in Makindye division was found in possession of a pistol and 18 rounds of live ammunition, which are ordinarily a monopoly of the defense forces. The businessman pleaded not guilty and was released on bail after spending more than a month on remand at Kigo prison.

Shortly after his arrest, Buchanan petitioned the High Court Civil Division seeking to block his trial on grounds that the court-martial lacks jurisdiction to try him. He also argued that the military court is intended to ensure operational efficiency and discipline of militants and thus lacks powers to try criminal offenses.

However, Justice Musa Ssekaana dismissed the application in March 2020 with costs on grounds that it was wrongly filed before the Civil Division of the High Court since the applicant was seeking to challenge the criminal exercise of power or jurisdiction.

Ssekaana ruled that the Constitutional Court strongly warned against challenging criminal proceedings in a civil matter as it is most likely to cause confusion in the criminal justice system. He argued that his court cannot delve into the propriety of criminal proceedings in a criminal court or Court Martial.

Speaking to Uganda Radio Network after his release, Buchanan said that he acquired the firearm lawfully and had all the paper works to that effect.

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