President Yoweri Museveni has criticized the decision by the Supreme Court barring the trial of civilians in the army courts saying it is a wrong one.
In a statement posted on his X handle(formerly Twitter) the president insisted that trying civilians in the court martial is aimed at defending people against criminals armed with guns.
The Supreme Court today dismissed an appeal lodged by the government over the trial of civilians in the General Court Martial (GCM).
The government had challenged a Constitutional Court ruling that upheld that it was “unconstitutional” for civilians to be tried in the army courts. Michael Kabaziguruka, the former Nakawa MP had petitioned the Constitutional Court challenging his trial in the General Court Martial.
The Constitutional Court agreed with Kabaziguruka but the government appealed the decision in the Supreme Court.
The Supreme Court in a near unanimous decision yesterday ruled that it was “unconstitutional” to try civilians in the army courts.
Chief Justice Alphonse Owiny-Dollo said charges and ongoing criminal cases before the court martial must cease and be transferred to the courts of law which have jurisdiction.
But President Museveni has slammed this decision saying Uganda is not governed by judges. This re-echoes similar sentiments he made in 2000 after the Constitutional Court declared the Referendum and Other Provisions Act No. 2 of 1999, null and void.
In today’s statement, Museveni described judges as “foreign-oriented”
“Uganda is governed by the People –all of us Ugandans, that are old enough to vote. In the matter of the Constitution and other legislations, we govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament,” Museveni wrote.
He said if a civilian voluntarily acquires guns why should they complain when they are tried in a forum that deals with those matters when soldiers are involved?
He revealed that he had spoken with Owiny-Dollo on the phone and agreed that the court martial could be used if adjustments were made.
“Even the others who ruled against us, had some interesting comments that will be followed up that point towards the need for some rationalization in the procedure of trying civilians in the Military Courts. Somebody wondered why even a soldier should be tried in a Military Court for rape. We shall analyze all that. However, one of the aims of the military courts is to protect the Army against crime and to ease procedures,” he wrote.
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