In a key ruling, the Supreme Court has reaffirmed that the Court of Appeal lacks the authority to hear cases originating from the General Court Martial, emphasizing the jurisdictional boundaries outlined in Ugandan law.
The decision stems from the case of Lt Ambrose Ogwang, an officer in the Uganda People’s Defence Forces (UPDF), who was convicted of murder and sentenced to 29 years and two months by the General Court Martial. Lt Ogwang had appealed to the civilian Court of Appeal, seeking to overturn the conviction and sentence.
Delivering the unanimous judgment, Justice Lillian Tibatemwa, alongside four other Supreme Court justices, held that Lt Ogwang was correctly tried by the military tribunal. “The appellant, being a soldier, was properly subjected to the military court system,” Justice Tibatemwa noted. She further clarified that the right to appeal must be provided by statute, and no such provision exists within the Uganda People’s Defence Forces Act 2005 or any other relevant law.
Justice Tibatemwa ruled that regulations allowing life imprisonment cases from military courts to be appealed in the Court of Appeal were beyond the minister’s authority. “It was ultra vires for the minister to introduce regulations granting the Court of Appeal jurisdiction over military court decisions,” she stated.
Concurring with the judgment were Justices Mike Chibita, Catherine Bamugemereire, Christopher Madrama, and Stephen Musota. They upheld a preliminary objection raised by Chief State Attorney Joseph Kyomuhendo, who argued that the appeal was inadmissible due to lack of jurisdiction. Consequently, the appeal was dismissed, and Lt Ogwang’s sentence by the General Court Martial was upheld.
Court documents reveal that Lt Ogwang was convicted of a 2010 armed robbery in Mbale City, initially receiving a death sentence that was later commuted to life imprisonment. The Court of Appeal further reduced it to the current term of 29 years and two months.
The ruling has reignited debates surrounding the trial of civilians in military courts, an issue currently before the Constitutional Court. Notably, veteran politician Dr. Kizza Besigye and his aide Hajj Obeid Lutale are facing trial in military courts, a practice the Constitutional Court has previously deemed unconstitutional for civilians.
This decision underscores the legal boundaries of military and civilian court jurisdictions, leaving unresolved questions about the extent of military courts' reach over non-military individuals.The General Court Martial is a military tribunal in Uganda responsible for handling cases involving members of the armed forces, particularly the Uganda People’s Defence Forces (UPDF). It has jurisdiction over offenses committed by soldiers, including serious crimes such as murder, treason, and desertion. Established under the Uganda People’s Defence Forces Act, the court ensures discipline and justice within the military ranks. Its rulings are subject to review by higher military appellate bodies, but civilian courts generally have no jurisdiction over its decisions unless explicitly provided by law.
