By Shammin Nabakooza, KAMPALA Uganda
Uganda President, Yoweri Museveni has vowed not to implement a Supreme Court judgement that nullified the trial of civilians by military courts, firmly defending the military court system as essential to the country’s security and stability.
In a statement made following Friday's landmark decision, Mr Museveni expressed disappointment with the decision, which declared that civilians accused of certain crimes, such as illegal possession of firearms, should not be tried in military courts.
Uganda Chief Justice Alphonse Owiny-Dollo stated that all charges and ongoing criminal trials involving civilians in military courts must cease immediately because they are unconstitutional.
He emphasized that these cases should be transferred to civilian courts
Besigye, a long-time critic of President Yoweri Museveni, was arrested in Kenya last November and later returned to Uganda, where he faced multiple charges related to firearms and security, some of which could result in the death penalty.
He has been held in a maximum-security facility in Kampala.
Owiny-Dollo noted that military courts lack the legal capacity to conduct fair and impartial criminal trials as mandated by the constitution.
Justice Elizabeth Musoke, another member of the panel, pointed out that military courts are only authorized to deal with disciplinary matters concerning military personnel.
The President, who in 1981 went to bush to restore democracy in the country and has lived castigating predecessors such as Idi Amin for defiling the Temple of Justice, argued that this decision was a setback for the country’s efforts to curb crime and protect national security.
“I was sorry to hear of the wrong decision by the Supreme Court regarding the trial of civilians in military courts.” Mr Museveni said.
“This is an instrument we cannot and will not abandon. It has proven effective in dealing with armed criminals and ensuring the safety of our people.”
The President stressed that the military court system has been particularly instrumental in addressing security threats posed by civilians illegally armed with firearms, a concern that has been growing in parts of Uganda.
He emphasized that the military courts were established not just for the army, but to protect society from criminals who use guns to terrorize citizens.
“Why should civilians who illegally arm themselves with firearms not face military trials?” Museveni asked.
He also pointed to their role in disciplining the army, asserting that military courts are crucial for maintaining order and protecting both the armed forces and the wider population.
Mr Museveni further highlighted the role of military courts in regions like Karamoja, where insecurity had made it difficult for civilian magistrates to operate.
Instead, President Museveni called for constitutional amendments to address the issue and ensure that military courts remain a viable option for handling crimes related to national security.
“The country is not governed by the judges,” Museveni asserted. “It is governed by the people. We will use referenda or parliamentary amendments to make sure our legal framework serves the needs of our society.”
In conclusion, the President affirmed that he would not allow the judicial decision to undermine Uganda’s security and stability.
He vowed to continue protecting the country by ensuring that criminals, especially those involved in armed violence, are held accountable in military courts.
The disdain for the law, including the highest legal authority in the land by President is not something new. He has in the past said the Constitution was a "mere piece of paper" and also told off the Judiciary saying the "country does not belong to judges and lawyers".
