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Supreme Court to rule on trial of civilians in army court

by Muhammad Ngobi
in News
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The Supreme Court in Kampala has set January, 31 as the date to rule on an appeal in regards trial of civilians in the army court.

“Take notice that the judgment of this appeal has been fixed for the 31st day of January, 2025 at 09:30 am O’clock in the fore/ afternoon or soon thereafter the judgment in this Appeal will be delivered in this court,” a notice by the Deputy Registrar  of the Supreme Court said on Friday afternoon.

The development comes at a time when there is growing opposition to trial of civilians by the army court.

The movement against the trial of civilians in the army court has been reawaken by the arraignment of opposition leader, Dr.Kizza Besigye in the court at Makindye where he faces charges related to unlawful possession of a firearm and ammunition after his arrest from Kenya.

Owing to a 2016 petition by then Nakawa Municipality MP Michael Kabaziguruka who was facing treachery charges, the Constitutional Court in a majority decision of 3:2 in 2021  held that it is unconstitutional for the army courts to try civilians since they are not part of the military.

“The Court-Martial is clearly not part of the judiciary. It is part of the executive arm of government established under chapter 12 of the Constitution which provides for the country’s defence and national security,” Justice Kenneth Kakuru(RIP) said.

Consequently, the Attorney General appealed against the ruling in the Supreme Court.

It is this appeal that the highest court in the land is going to decide upon on January, 31.

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Tags: 1. Supreme Court2016 petition2025army courtAttorney General.Civil-military relationsConstitutional CourtConstitutionalityCourt MartialDefenceDr.Kizza BesigyeExecutive arm of governmenthuman rightsJanuary 31JudiciaryJustice Kenneth Kakuru (RIP)KampalaLegal appealMakindyeMichael Kabazigurukanational securityOpposition leaderTreachery chargesTrial of civiliansUganda legal systemUnlawful possession of firearms
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