Supreme Court Rules: Trial of Civilians in Military Courts is Unconstitutional

The Supreme Court of Uganda has ruled that the trial of civilians in the military courts is unconstitutional. Chief Justice Alfonse Owiny-Dollo led other justices of the Supreme Court in ruling on an appeal by the Attorney General against a Constitutional Court ruling to cease the trial of civilians in the General Court Martial (GCM) and other military courts.

CJ Owiny-Dollo first preached constructive criticism and warned against attempts to destroy the judiciary by some members of the legal profession and the general public.

“If your purpose is to destroy the Judiciary as an institution, it’s like democracy; you might not know the worth of democracy until it is taken away from you. It is like the oxygen we breathe,” said Owiny-Dollo.

“Insulting and attacking judicial officers is no way to engage in discourse. Let us use constructive criticism. Let us engage with the Chief Justice, judicial officers, and the administration of the judiciary so that we have a better institution.”

He then delved into the contents of his opinion. In the end, he, like others before him — Justices Monica Mugenyi, Catherine Bamugemereire, Percy Night Tuhaise, Elizabeth Musoke and Mike Chibita — agreed that military courts were subordinate to civilian courts and the Constitution.

“All trials in the General Court Martial, involving civilians, must immediately cease and be transferred to civil courts of law with competent jurisdiction,” Chief Justice Alfonse Owiny-Dollo ruled.

He also ruled on the independence of the military courts, saying: “Whereas civilian court judges swear allegiance to the Constitution, army judges swear allegiance to their commander hence no guarantee of fair trial.”

He added: “Military must justify why civilian courts are inadequate to hear cases that carry death penalty and  life imprisonment.”

See full ruling showing what each Supreme Court judge said Here.

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