The Uganda Law Society (ULS) has hailed the Supreme Court’s ruling in the landmark case of Attorney General v. Hon. Michael Kabaziguruka as a major triumph for constitutional democracy and human rights in Uganda. The case, which dates back to 2021, has been at the centre of a long-standing 25-year debate surrounding the trial of civilians in military courts.
With the judgment delivered on 31st January 2025, the ULS emphasized the significance of this ruling in rectifying a dark chapter in Uganda’s judicial history, especially for civilians subjected to military justice.
In his statement dated 31 January 2025, ULS President, Senior Counsel Isaac Ssemakadde, expressed that the delayed verdict, which was reserved eight months after the re-hearing on May 13, 2024, comes as a crucial resolution for countless Ugandans whose rights had long been denied by military trials.
Senior Counsel Ssemaakadde noted that the long-awaited judgment is expected to address the systemic abuse that has particularly affected civilians in regions like Karamoja. According to Ssemakadde, while the ruling is an essential legal victory, the wounds of those impacted by military justice will take much more than judicial proclamations to heal.
As the judgment is being perfected, Ssemakadde, under the Uganda Law Society Act (sections 3(d) and 3(e)), outlined critical steps for the state, the legal community, and the public to ensure that the ruling is fully implemented:
For the Uganda People’s Defence Forces (UPDF) and all security agencies, he demanded; immediate compliance with the Supreme Court’s ruling is non-negotiable. Release all civilians currently held in military custody. Cease all pending prosecutions of civilians in military courts. Transfer appropriate cases to civilian courts. And revision of UPDF internal protocols to prevent future violations.
To the Parliament of Uganda, Ssemakadde called for; urgent legislative action to amend the UPDF Act to ensure it aligns with constitutional principles, Remove ambiguities in Section 117(1)(g)(h) of the UPDF Act, which have previously allowed abuse, Establish clear jurisdictional boundaries between military and civilian courts and Implement robust safeguards to prevent future military overreach.
To the Executive, he demanded that the president; Direct all security agencies to comply immediately with the ruling, The Director of Public Prosecutions (DPP) should expeditiously discharge cases eligible for immediate dismissal, Form an inter-ministerial task force to oversee the implementation of the judgment, Provide compensation mechanisms for victims of unconstitutional military actions.
Ssemakadde reiterated that this ruling should serve as more than a mere legal milestone. It must trigger comprehensive reforms, reparations, and the establishment of mechanisms to ensure that such violations do not occur again. He called for the end of the practice where military courts have been used to silence dissent and undermine constitutional protections. The ULS emphasized that national security should be grounded in the rule of law, not the expansion of military jurisdiction.
He asserted that the ULS is committed to monitoring full compliance with this historic ruling across all state agencies and authorities and confirmed the society’s readiness to provide legal support to affected civilians seeking redress. “We plan to work alongside Parliament and civil society organizations to push for the necessary legislative reforms while maintaining vigilance against any attempts to circumvent the ruling.
“The practice of trying civilians in military courts has been a stain on our democracy. Let this ruling be the beginning of a new chapter where constitutional principles guide our justice system,” Ssemakadde said.
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