Court Martial suspends sitting over Supreme Court ruling

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The General Court Martial has suspended its sittings following a Supreme Court ruling that civilians and soldiers battling criminal cases should not be tried in military courts.

The development was today (February 3, 2025) confirmed by Uganda Peoples’ Defence Forces (UPDF) director for prosecutions, Col Raphael Mugisha.

The announcement comes at a time when four-time presidential candidate, Dr Kizza Besigye, and his aide, Haji Obeid Lutale, who are accused of unlawfully possessing firearms and ammunition were scheduled to return to the General Court Martial today.

The duo, also face charges relating to security, contrary to Section 128(1) of the UPDF Act, Cap 330. They denied the charges.

This comes after the Supreme Court ruled that the current UPDF Act does not justify the General Court Martial (GCM) as a competent court of jurisdiction to try civilians.

• Supreme Court stops military courts trying civilians
  
  

  The Supreme Court justices. (File)

  
  
  

Last Friday (January 31, 2025), the Justices of the Supreme Court noted that although military courts are part of the courts of judicature, they have limited jurisdiction over the trial of civilians and handling of criminal cases involving soldiers. This followed a petition filed by former Nakawa Member of Parliament, Michael Kabaziguruka

Subsequently, the Justices of the Supreme Court led by the Chief Justice, Alfonse Owiny-Dollo ruled that all pending criminal cases against civilians and soldiers at the military courts must stop and the files transferred to the civilian courts.

The Opposition supremo (Besigye) and Lule are expected to appear before the General Court Martial, chaired by Brig. Gen. Robert Freeman Mugabe.

The prosecution alleges that the duo (Besigye and Lutale) and others still at large, between October 2023 and November 2024, while in the cities of Geneva in Switzerland, Athens in Greece and Nairobi in Kenya, held meetings aimed at soliciting logistical support and identifying military targets in Uganda with intent to prejudice the security of the defence forces.

• Besigye charged over security unlawful possession of firearm
  
  
  

  Four-time presidential candidate, Dr Kizza Besigye, and his aide, Haji Obeid Lutale, are accused of unlawfully possessing firearms and ammunition. (File)

Prosecution also alleges that Besigye and Lutale on November 16, 2024, while at Riverside Apartments in Nairobi, Kenya, were found in unlawful possession of pistols model 27 KAL number 765 and pistol HB 1014 1953, which are ordinarily the monopoly of the defence forces.

It is further alleged that Besigye and Lutale, while at Riverside Apartments in Nairobi, Kenya, illegally possessed eight rounds of pistol ammunition, which are ordinarily the monopoly of the defence forces.