KAMPALA —The Supreme Court has on Thursday July 15 issued an interim order suspending the implementation of the Constitutional Court decision that barred the Army Court from Prosecuting Civilians.
Five Justices of the Supreme Court led by Chief Justice Alfonse Owiny Dollo suspended the Constitutional Court ruling, issuing a temporary order that they said will run up to July 29 2021.
They said, this is to allow them to study Government’s case for the intended appeal and make an appropriate decision.
The Attorney General, Kiryowa Kiwanuka had early this month filed an appeal in the Supreme Court challenging Constitutional Court
ruling which has stopped the General Court Martial from trying Civilians.
The Attorney General listed six proposed grounds and the key of them is that the learned Justices of the Constitutional Court erred in law and in determining that the General Court Martial was only competent and its jurisdiction was only limited to trying military discipline offences.
“The learned majority justices of the Constitutional Court erred in law in finding that the persons subject to military law cannot be charged before the General Court Martial under any other enactment other than that UPDF Act”, adds the notice.
They also argue that the Justices erred in law in determining that charging and arraigning the Petitioner before the General Court Martial was inconsistent with Article 28 Clause one which talks about the right to a fair hearing.
“The learned majority e of the Constitutional Court erred in law in determining that the General Court Martial is not impartial or independent and is inconsistent with Article 28(1) of the Constitution.