NRM MPs Defy Supreme Court, Want Civilians Back in Military Courts

In a dramatic turn of events, members of the National Resistance Movement (NRM) parliamentary caucus have decided to support a bill for amending the UPDF Act due to be presented today (Tuesday) before parliament, to restore a provision running contrary to the recent Supreme Court ruling concerning trial of civilians in the general military courts.

In a meeting with the party chairman, President Yoweri Kaguta Museveni on Friday at Entebbe State House, they reached consensus that the UPDF Act be amended to reinstate trial of civilians in the General Court Martial (GMC) so long as they are found in possession of guns and other military equipment.

In a statement issued on Friday after the caucus meeting, government Chief Whip, Denis Hamson Obua made it clear that civilians found in possession of guns in an illegal manner should be arraigned in the military court, with a provision however, giving the suspect an opportunity to file an appeal in higher courts.

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This view does not go down well with opposition lawyers who insist that such a law would be a direct contravention of the supreme court ruling.

Lord Mayor Erias Lukwago vehemently opposes any attempts to bend the law to the extent of defying the constitution in contravention of the supreme court ruling.

Lukwago appealed to parliamentarians to be cautious in handling the proposed bill before embarking on a project which he sees as an attempt to bend the constitution to fit their own convenience.

Yusuf Nsibambi (FDC) backed Lukwago, also stressing that no law should be made to reverse a ruling by the supreme court.

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But the document signed by Hamson Obua clearly indicated that a person brought under trial in the general court martial should be allowed the option of appealing in higher civilian courts.

The January 31st Supreme Court ruling banned further trial of civilians in military courts and directed that all such files in the GMC be transferred to a civilian court for subsequent trial of accused persons.

According to some lawyers, the decision nullified section 192 in the constitution under which the military court was established, and that the constitution does not permit amendments to be made in a supreme court ruling.

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