Supreme Court Sets Date for Landmark Ruling on Trial of Civilians in Military Courts

The Supreme Court of Uganda has announced January 31, 2025, as the date for delivering its long-awaited ruling on the constitutionality of trying civilians in the General Court Martial. This pivotal decision stems from a 2021 appeal filed by the Attorney General after the Constitutional Court declared such trials unconstitutional.

The delay in ruling on the matter has drawn widespread criticism from legal experts and human rights advocates. The Uganda Law Society (ULS), during its weekly press conference branded “Radical New Bar,” has been at the forefront of the campaign against the protracted silence on the issue. ULS President has consistently decried the delayed judgment, labeling it a travesty of justice and calling for the judiciary to uphold its responsibility to deliver timely decisions.

A Landmark Appeal

The 2021 Constitutional Court ruling declared the trial of civilians in the General Court Martial unconstitutional, citing that military courts were designed for military personnel and not for ordinary citizens. The ruling was hailed by many as a victory for constitutionalism and the rule of law. However, the Attorney General’s appeal brought the matter to the Supreme Court, where it has since stagnated, further intensifying public discourse on the role of the judiciary in upholding citizens’ rights.

Mounting Pressure

The announcement of the ruling date comes amidst growing pressure from legal bodies, civil society organizations, and individual activists. The Radical New Bar platform, spearheaded by the Uganda Law Society, has been instrumental in maintaining public attention on the issue. Weekly press conferences have repeatedly criticized the judiciary’s lack of urgency, with calls for greater accountability and transparency.

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Prominent human rights lawyer and current President of Uganda Law Society, Isaac Ssemakadde has led a strong stance against the delay. In one of his recent video diatribes that gained significant traction online, Ssemakadde lambasted the judiciary for what he described as “a deliberate betrayal of constitutional justice.” He argued that the prolonged delay undermines public confidence in the judiciary and sets a dangerous precedent for other constitutional matters.

Ssemakadde’s videos have added a vocal and uncompromising critique to the discourse, demanding that the judiciary “rise above political influences and deliver justice for all Ugandans.” His latest video, slated for publication alongside this article, highlights the plight of civilians who have been subjected to military trials and the enduring psychological and social toll on their lives.

A Critical Decision

As the nation awaits the January 31 ruling, legal and political analysts emphasize the significance of the Supreme Court’s decision. A reaffirmation of the Constitutional Court’s ruling could solidify protections for civilians against military judicial overreach, while a reversal may reignite debates about the separation of powers and the role of the judiciary in safeguarding constitutional rights.

This landmark ruling will not only shape Uganda’s legal landscape but also serve as a litmus test for the judiciary’s independence in an era where public scrutiny of governance institutions continues to grow.

Stay tuned for further updates on www.ugandatoday.co.ug as this story develops.

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