CROSSROADS: No Show For Dr Kizza Besigye At Court Martial

By ROBERT KAMUKAMA

MAKINDYE, Uganda Feb 3 [SHIFTMEDIA] Like it was predicted after a ‘harsh’ tweet by UPDF’s  Col. Chris Magezi, that Dr Kizza Besigye trial would proceed in the General Court Martial, the planned court sitting today February 3 2025 didn’t take place.

Apparently our snoops have it that the retired former bush-war physician for President Museveni, Dr. Kizza Besigy didnt appear because the UPDF was still studying the Friday Supreme Court ruling.

Kizza Besigye, Obeid Lutale Kamulegeya and Captain Denis Oula are facing treachery charges at the Military court. On Friday a panel of six supreme Court judges ruled that it was unconstitutional for civilians to be tried in the military courts.

UPDF At Crossroads

The Uganda People’s Defence Forces (UPDF) made it clear that it would  not submit to the Supreme Court’s authority and will proceed with the trial of civilians in military courts.

In a defiant statement issued way late in the night after the day of ruling, Colonel Chris Magezi, the public relations manager in the office of the Chief of Defence Forces, declared that the General Court Martial would continue trying Dr Kizza Besigye despite the highest court in the land ruling against military trials for civilians.

“The GENERAL COURT MARTIAL will continue to try ANYONE who conspires to MURDER THE PRESIDENT, commits ARMED REBELLION against Uganda, and engages in TERRORISM against the PEOPLE OF UGANDA,” Magezi said.

“Under NO CIRCUMSTANCES will Colonel Kizza Besigye be RELEASED until he faces the FULL EXTENT of MARTIAL LAW.”

The statement comes in direct defiance of a Supreme Court ruling that military courts have no jurisdiction over civilians.

In a landmark decision, Chief Justice Alfonse Owiny-Dollo and six other justices declared that the General Court Martial lacks the legal qualifications and independence to conduct fair trials.

The ruling rendered sections of the UPDF Act, which allowed military trials for civilians, unconstitutional and void.

Owiny-Dollo likened military court judges to untrained surgeons performing operations, warning that short-term presidential appointments for military judges undermined their independence.

“Without job security, their ability to dispense justice without fear or favour is compromised,” he noted.

The Supreme Court further ruled that military courts violate constitutional principles by denying defendants the right to appeal, a fundamental aspect of fair trial guarantees.

Consequently, the court ordered an immediate halt to all military trials involving civilians.

UPDF’s defiance of this ruling has sparked alarm among legal experts and civil society, raising concerns about the erosion of judicial independence and the supremacy of civilian institutions.

Critics argue that disregarding Supreme Court authority sets a dangerous precedent, reinforcing fears of unchecked military influence in governance.

Col Magezi’s defiant statement comes after Justice and Constitutional Affairs minister Norbert Mao welcomed the Supreme Court decision and said the Judiciary is a national institution.

“Its mark of Independence is that sometimes it will agree with you and sometimes it will disagree with you,” Mao said.

“Today [Friday] the Supreme Court settled a major constitutional dispute. Let’s unite in respecting the decision.”