On January 31, the Supreme Court of Uganda made a landmark decision to prohibit the use of military courts for trying civilians. This ruling was prompted by several protests to the delayed judgment amidst ongoing trials of numerous opposition politicians and activists in Uganda’s General Court Martial, which is directly controlled by the Ugandan army and the president—a situation that undermines the concept of impartiality.

The panel of seven judges, sitting as the Constitutional Appellate Court, sided with Mr. Micheal Kabaziguruka, an opposition and former member of Parliament, over the Attorney General. They concluded that military courts are neither impartial nor competent to exercise judicial functions. This case originated from a constitutional petition filed by Mr. Kabaziguruka in 2016, contesting charges of treason in a military court. In 2021, the Constitutional Court ruled that military courts are unconstitutional, citing their lack of independence and expertise, which is essential for judicial officers mandated to uphold justice and the Constitution, as opposed to military officers loyal to the Commander in Chief and military protocols. Despite this clear ruling, the Attorney General, representing the government, appealed the decision and requested that the Supreme Court suspend the enforcement of the Constitutional Court’s orders until it could reach a determination. This move allowed the government more time to exploit military courts to unjustly target the regime’s opponents through sham trials.

As a result, following the 2021 General Elections, many civilians were charged with fabricated offenses in the so-called General Court Martial. This court coerced several members of the National Unity Platform into confessing to false offenses to regain their freedom. Historically, it has treated lawyers with contempt and subjected them to inhumane conditions, as evidenced by the case of human rights lawyer Eron Kiiza, who on the 7th of January this year was sentenced to nine months in prison on baseless contempt charges. Kiiza was not given a chance to defend himself, and the military court lacked the authority to convict someone for contempt. His conviction was rooted in impunity rather than any legal justification.

The 31st January Supreme Court’s judgment and orders brought relief to many who had long suffered at the hands of Uganda’s military machinery. In his lead judgment, the Chief Justice stated, “all ongoing or pending criminal trials before the Court Martial involving civilians must immediately cease and must be transferred to ordinary courts of law with jurisdiction.” However, despite the clear court order, the government has been slow to enforce it. Several weeks later, no prisoners have been released, nor have their cases been transferred to the competent civilian courts, raising concerns about the government’s compliance and potential contempt of court. One notable figure still affected is opposition politician Kizza Besigye, who remains in detention due to the previous orders of the now-outlawed military courts, violating his constitutional rights and defying the Supreme Court. Although Besigye’s health has enormously deteriorated, the government continues to hold him in jail despite calls from activists and human rights bodies including Amnesty International.

In response to the judgment, the government announced plans to introduce reforms as mandated by the Supreme Court. However, there are fears that these reforms may be aimed at undermining the Supreme Court’s decision, given the hostility expressed towards the court by the President of Uganda and his son, who also serves as Chief of the Army. Both officials rebuked the Supreme Court on social media, emphasizing that Uganda is not ruled by judges. Given the government’s track record of failing to respect previous court orders—such as the release of prisoners on bail only for them to be re-arrested within court premises—concerns about potential violations of this order are well-founded. The Supreme Court has taken a vital step in pushing back against years of tyranny and the military’s encroachment on the judiciary disguised as courts. Therefore, it is essential for the public and all advocates for democracy and the rule of law to join the court in urging the Ugandan government to implement the Supreme Court’s decision, drop all charges against individuals formerly charged by military courts, and release all prisoners still detained under the orders of these illegal military courts.