Lawyers representing Ugandan political activist Dr. Kizza Besigye and his colleague Hajji Obeid Lutale met with the Chief Justice’s Private Secretary, Thadeus Tumwebaze, on Tuesday. The lawyers, Erias Lukwago and Martha Karua, sought to express their concerns about the delay in the judgment of a case; Attorney General vs Michael Kabaziguruka.
This case is an appeal against a 2021 Constitutional Court decision that nullified the trial of civilians in military courts. The lawyers question why, despite this ruling, the General Court Martial continues to register new cases, including those involving Dr. Besigye and Hajji Obeid Lutale.
They also seek clarification on the status of the appeal, which has been pending for three years. The Chief Justice had previously deemed the matter urgent and of public importance.
“The delay by the Supreme Court to deliver judgment in an application by the Attorney General in which [former Nakawa MP] Michael Kabaziguruka was the respondent means there’s continued violation of the Constitutional Court order which said trying civilians in the military court was unconstitutional. We’re invoking the Chief Justice, Alfonse Owiny-Dollo’s administrative jurisdiction to cause this judgement to be delivered since the application was heard and concluded in 2021,” Martha Karua said.
“The stay of the Constitutional Court orders is giving the military license to force Dr Kizza Besigye, Hajj Obeid Lutale and many other civilians to be tried by the General Court Martial. We have asked that this judgment be delivered expeditiously so that the civilians are out of the General Court Martial,” she added.
A panel of five Supreme Court justices, including the Chief Justice, issued a temporary stay order on August 5, 2021. The lawyers argue that this order should not have permitted the General Court Martial to continue trying civilians.
Regarding Martha Karua’s special practicing certificate, the lawyers are working with the Law Council to obtain it.
