In a landmark decision that is set to reshape the justice system, the Supreme Court has ruled that trying civilians in military courts is unconstitutional.
The judgment, delivered by a panel of seven justices led by Alfonso Owiny Dollo the chief justice, declared that the trial of civilians in military courts is unconstitutional and a violation of the principles of justice and human rights.
“All pending trials before the Court Martial involving civilians must immediately be ceased or transferred to ordinary courts with competent powers,” Chief Justice Owiny Dollo ruled.
The court emphasised that military courts are established to handle cases involving military personnel and offences under military law, not to adjudicate civilian matters.
The ruling stems from the case of Attorney General vs. Hon. Michael Kabaziguruka (Constitutional Appeal No. 02 of 2021). The case originated in 2016 when Hon. Michael Kabaziguruka, a former Member of Parliament, challenged his trial before the General Court Martial. He had been charged with treason and conspiracy to overthrow the government.
This landmark ruling is expected to have far-reaching implications for the justice system, reinforcing the separation of military and civilian jurisdictions and strengthening the protection of human rights in the country.
