Court Martial Fights for Its Credibility Amid Besigye Case Disputes

The General Court Martial (GCM) is under intense scrutiny as it handles the trial of Dr. Kizza Besigye and his associate, Obeid Lutale, on charges of endangering military security and illegal possession of firearms.
The defence has mounted a robust challenge, questioning the court's jurisdiction and raising procedural concerns, but the GCM has thus far rejected their objections.
Brigadier-General Freeman Mugabe dismissed defence objections on Tuesday, asserting that the case should proceed.
"The accused must take their plea as required by law," he ruled.
The defence team, however, pushed back, urging the court to refer its jurisdictional ruling to the Constitutional Court.
“Rule 18 of the Constitutional Court Petition Rules is clear,” argued defence counsel Ernest Kalibbala.
“The General Court Martial must submit specific questions to the Constitutional Court for resolution. It is not true that the court’s hands are tied.”
Captain Ambrose Guma, representing the prosecution, opposed the referral, asserting the GCM’s authority.
“The UPDF Act clearly defines service offences, and the Supreme Court has unanimously upheld this jurisdiction,” he said.
“The accused have not demonstrated that they fall outside the ambit of military law.”
The defence questioned the impartiality of the court, citing the dual role of the executive in appointing both GCM judges and civil court judges.
“Where is the independence when the same person appoints both judicial officers?” Kalibbala asked.
Prosecutors dismissed these concerns, emphasizing the GCM’s autonomy. “The court operates independently of the high command,” Guma stated. “We conduct trials based on evidence, not directives.”
Amid the legal wrangling, questions about the trial’s broader implications loom large. The defence cited the Kabaziguruka case, in which the Supreme Court criticized the trial of civilians in military courts, as a precedent.
Prosecutors countered, claiming the GCM is aligned with Uganda’s legal framework and regional obligations under the East African Community treaty.
As the trial proceeds, the GCM faces growing pressure to balance its mandate with adherence to constitutional safeguards.
The court’s decisions in this case could set significant precedents for the military’s role in Uganda’s justice system.