In a landmark ruling on 31st January 2025, Uganda’s Supreme Court declared that military courts lack jurisdiction over civilians, deeming such trials unconstitutional. This directive mandates an immediate end to ongoing prosecutions in military courtrooms.
This ruling brings significant relief to Kizza Besigye, a key opposition figure and staunch critic of the long-standing President Yoweri Museveni. Facing charges in the military’s general court-martial, primarily relating to firearms and security, some of the offenses could have potentially led to the death penalty. Besigye had been held at a maximum-security facility in Kampala after his arrest in Kenya last November.
His lawyer, Erias Lukwago, confirmed that Besigye wouldn’t attend a scheduled court appearance, thanks to the court’s decision.
Chief Justice Alphonse Owiny-Dollo emphasized that all civilian-related charges and ongoing trials must migrate to civilian judicial settings, stating military courts lack the constitutional authority to deliver equitable and unbiased trials. Justice Elizabeth Musoke reinforced this, clarifying military courts are only fit for military personnel disciplinary actions.
Winnie Byanyima, Besigye’s wife and leader of UNAIDS, alongside his legal team, describe the accusations against him as politically driven. Human rights advocates blast Museveni’s regime for exploiting military courts to stifle political dissenters.
A 2011 Human Rights Watch report echoed these criticisms, pointing out rights infringements through civilian trials in military courts and the alleged use of coerced evidence. Unsurprisingly, government officials have refuted any claims of violation of rights.
At the heart of it, this verdict reinforces the separation of military and civilian judicial proceedings, showcasing a pivotal moment in Uganda’s judicial framework.
