The Supreme Court in Kampala has ruled that soldiers who lose cases in arm courts cant appeal the same cases in civil courts.
In a judgement by a panel of five justices including Lilian Tibatemwa, Mike Chibita, Stephen Musota, Christopher Mandrama and Catherine Bamugemereire , the highest court in the land ruled that cases adjudicated upon by army courts cant be appealed against in civilian courts.
“The UPDF (Court martial appeal court) Regulations were not designed to infer or confer jurisdiction to the Court of Appeal or indeed any other court, without explicit authority from the statute itself. The UPDF Act serves as the “mother law” governing the Uganda People’s Defence Forces,” the five justices ruled.
The Supreme Court justices said that the UPDF Act doesn’t bestow jurisdiction upon the Court of Appeal to hear appeals from the Court Martial Appeal Court, adding that a ministerial regulation conferring military jurisdiction upon a civilian court is illegal.
They reasoned that the UPDF Act set army courts as being parallel and distinct from civilian courts.
“It appears to have been contemplated that the UPDF courts were better placed to address discipline issues within the rank and file of the armed soldiers and better able to hand out penal sanctions that, hopefully, deter further offending.”
The Supreme Court ruled that it is through these army court structures that UPDF soldiers are made accountable and therefore cant appeal in civilian courts.
The judgement stems from an appeal by a UPDF soldier, Lt Ambrose Ogwang who was sentenced to death by the third division court martial sitting in Mbale for shooting and killing George William Koire during a robbery.
On appeal in the General Court Martial, Lt Ogwang’s death sentence was substituted for life sentence by dissatisfied with the punishment, he appealed in the UPDF Court Martial Appeal Court which upheld the life sentence.
He pursued a third appeal in the Court of Appeal which set aside the conviction and ordered a retiral by the High Court.
Lt Ogwang however ran to the Supreme Court to appeal against the decision of the Court of Appeal.
The judgement comes at a time when Dr.Kizza Besigye is battling several charges at the General Court Martial, an appearance by a civilian in the army court that has been challenge by his lawyers.
