Why Besigye’s court martial trial was halted amid supreme court ruling

Brigadier General Freeman Mugabe, the chairman of the court martial, arrived under heavy military guard for an internal meeting where officials discussed the ruling’s impact.

The trial of opposition leader Kizza Besigye and his associate Obeid Lutale at the General Court Martial in Makindye was abruptly suspended on Monday following a landmark Supreme Court ruling that barred the trial of civilians in military courts.

Last week, the Supreme Court declared that the court martial lacks constitutional authority to prosecute civilians, ordering an immediate halt to such cases. The ruling has thrown high-profile military court cases, including Besigye’s, into uncertainty.

On Monday morning, lawyers Ernest Kalibbala and Fredrick Mpanga arrived at the Makindye-based court martial but were denied entry. “Soldiers at the gate informed us that there were no proceedings today,” said Mpanga.

Despite the Supreme Court’s verdict, military sources suggested that hearings could be rescheduled for next week, as officials continue to analyze the ruling’s implications. A lieutenant stationed at the court martial confirmed that no civilian suspects would appear before the tribunal that day.

The uncertainty has left Besigye’s fate in limbo. Kampala Lord Mayor Erias Lukwago, one of his lawyers, told NBS TV that the military has “no choice but to release him.” However, the Uganda People’s Defence Forces (UPDF) appear unwilling to comply with the ruling.

Brigadier General Freeman Mugabe, the chairman of the court martial, arrived under heavy military guard for an internal meeting where officials discussed the ruling’s impact.

Supreme Court Ruling Sparks Political Tensions

The January 31 ruling has been hailed as a major victory for human rights defenders who have long criticized the military court’s role in trying civilians. Chief Justice Alfonse Owiny-Dollo emphasized that military tribunals should only have jurisdiction over serving soldiers.

“The practice of trying civilians in military courts is inconsistent with the principles of a democratic society governed by the rule of law,” Owiny-Dollo ruled, calling for immediate compliance.

However, the UPDF has pushed back against the decision. In a statement, Colonel Chris Magezi, the public relations manager in the Office of the Chief of Defence Forces, declared that the army would not release Besigye and insisted that civilian trials in military courts would continue.

President Yoweri Museveni has also dismissed the Supreme Court’s ruling, downplaying its significance. “We are not ruled by judges,” he said, laughing off the decision and fueling speculation that the government may resist its implementation.

The suspension of Besigye’s court martial trial has deepened uncertainty over the fate of other civilians facing military prosecution. Sources revealed that military officials are consulting Uganda’s High Command before making any final decisions.

Meanwhile, legal experts warn that continued defiance of the Supreme Court’s ruling could plunge Uganda into a constitutional crisis, further intensifying tensions between the judiciary and the executive.

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