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Kampala Lord Mayor Erias Lukwago speaking on the ongoing imprisonment of political prisoners since the Supreme Court ruling on military courts. (Photo by Milton Niinga)
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By Milton Niinga
Kampala Lord Mayor Erias Lukwago, a prominent lawyer, has expressed frustration that despite the Supreme Court's landmark ruling on January 31, 2025, declaring military trials of civilians unconstitutional, the government has not enforced the decision.
Lukwago emphasized that the ruling was a significant victory for human rights, as it ordered an end to military trials of civilians and the transfer of such cases to civilian courts. However, he lamented that nothing has changed, and affected individuals remain detained illegally. Speaking at Dr. Kizza Besigye’s office on Plot 6, Katonga Road, Kololo, Lukwago stated that the benefits of legal victories should be realized, but it has become frustrating to litigate in vain.
On January 31, 2025, the Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, ruled that prosecuting civilians in military courts is unconstitutional, ordering the immediate transfer of such cases to civilian courts.
Despite this ruling, the government has failed to comply, and individuals such as Dr. Kizza Besigye, his co-accused Hajj Abed Lutale, and lawyer Eron Kiiza remain in detention. Lukwago further noted that many others, including National Unity Platform’s Bobi Young and Karimojong warriors (Karacunas) detained in Kitalya prison, have not had their files transferred to civilian courts as required. “We have spent over two months moving through the courts, filing applications for the release of all civilians detained under military courts, yet they are still being held illegally,” Lukwago stated.
He also recalled that the Supreme Court ruling on former Nakawa MP Michael Kabaziguruka’s case was a historic legal victory, yet it has not been implemented.
Lukwago, who is also a key figure in the People’s Front for Freedom (PFF) opposition pressure group, stressed that the government’s failure to comply with the ruling undermines the rule of law.
“We are now returning to Nakawa Court on April 4, 2025, where the state will respond to an application to open the phones of Besigye and Lutale for further investigations,” he noted.
The Ruling
Meanwhile, Attorney General Kiryowa Kiwanuka had earlier stated that the government would comply with the ruling, but no action has been taken so far.
The Supreme Court ruling came in response to an appeal by the Attorney General challenging a 2021 Constitutional Court decision that declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional. The military courts had been widely criticized for lacking independence, impartiality, and competence, and for illegally trying civilians, including opposition politicians and government critics.
