Dr. Kizza Besigye and Hajji Obeid Lutale Kamulegeya are seeking a constitutional reference regarding the General Court Martial’s decision to try them for treason offenses.
The court martial had ruled that it has jurisdiction to try the two, citing the UPDF Act under section 117.
However, their lawyers argue that the court martial lacks cross-border jurisdiction to try offenses committed outside Uganda.
The lawyers contend that proceeding with the trial would be an overreach of the court martial’s power over civilian authority.
They also point out that the UPDF prosecutors have not specified the particular security offense committed by Besigye and Lutale or its punishment.
This development raises concerns about the trial of civilians in military courts, which has been a contentious issue in Uganda.
The Constitutional Court has previously ruled that military courts have no jurisdiction to try cases of terrorism and unlawful possession of firearms, and that only the High Court has jurisdiction to entertain such cases .
The lawyers’ request for a constitutional review is pending, and the court is yet to respond.
