Home News Supreme Court ruling: A landmark decision for justice and reform

Supreme Court ruling: A landmark decision for justice and reform

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The Uganda Law Society (ULS) has hailed the Supreme Court’s ruling in Attorney General v. Michael Kabaziguruka as a pivotal step toward healing and reform in Uganda’s judicial system.

On Friday at approximately 4:00 PM, a panel led by Chief Justice Alfonse Owiny-Dollo declared that all cases and trials of civilians before military courts must immediately cease and be transferred to civilian courts. However, the ruling does not apply retrospectively to cases already decided.

The Chief Justice emphasized that while civilian judges swear allegiance to the Constitution, military judges pledge loyalty to their commander, raising concerns about the fairness of trials in military courts. He pointed out that military courts often lack professional legal training, likening the appointment of unqualified judges to allowing an untrained lawyer to perform surgery.

In response, the ULS issued a statement urging the ruling to serve as a catalyst for broader reforms, reparations, and a firm commitment to preventing future misuse of military courts.

Additionally, the society condemned the longstanding practice of using military courts to intimidate civilians, suppress dissent, and bypass constitutional protections.

“The expansion of military jurisdiction over civilians has undermined democracy, eroded civil liberties, and perpetuated fear and impunity,” the statement read.

ULS President Isaac Ssemakadde also called on all stakeholders to recognize that true national security lies in upholding constitutional principles rather than extending military influence over civilian justice.

Michael Kabaziguruka, the petitioner in the case, welcomed the ruling, calling it a victory for all Ugandans.

“I expected nothing less because the case was well-founded in law. This judgment upholds the Constitution, and I congratulate the people of Uganda,” he stated.

Attention now turns to the General Court Martial, which must transfer ongoing cases to civilian courts. Among the latest high-profile individuals facing military prosecution are opposition leader Dr. Kizza Besigye, Hajji Obeid Lutale, counsel Aron Kizza, and several National Unity Platform political prisoners.

This ruling marks a significant turning point in Uganda’s legal landscape, reinforcing the supremacy of civilian courts and reaffirming the right to a fair trial for all citizens.

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