Uganda’s Supreme Court, the highest court in the land Friday delivered a landmark judgment suspending all proceedings in the General Court Martial (GCM) with immediate effect.
“All ongoing trials involving civilians in the court martial must immediately cease and be transferred to ordinary courts of law,” Chief Justice Alfonse Owiny-Dollo declared in the majority ruling by a seven-justice panel.
The landmark decision upholds a Constitutional Court ruling that nullified military trials of civilians, dealing a blow to the government’s longstanding position on the matter.
The seven-panel member of Justices ruled during a fully-filled Supreme Court hall on Friday that military courts, including the Field Court Martial, the General Court Martial, and divisional military courts, are specialised courts with a mandate limited to offences related to the discipline of the Uganda People’s Defence Forces (UPDF).
Additionally, the Supreme Court also ordered that all civilian cases currently under the GCM be transferred to ordinary courts of law with competent jurisdiction
Justice Catherine Bamugemereire, for example, found that the GCM, as it stands, lacks the constitutional mandate to try civilians, stating that its structure and procedures violate the principles of fairness and impartiality guaranteed under Uganda’s Constitution.
“Judicial power, as per the law, is vested in the judiciary, and the General Court Martial is subordinate to the judicial system,” Bamugemereire held, adding, “It is an overreach to create an offence making civilians liable for crimes under military law.
The judges further emphasized that the composition of military courts, which includes serving army officers under directives from their appointing authorities and lacking legal expertise, undermines their ability to conduct independent and impartial trials.
