Chief Justice Owiny-Dollo Speaks Out on Ruling Against Military Trials for Civilians

By Hannah Marion Namukasa
Chief Justice Alfonse Chigamoy Owiny-Dollo has said that he did not need even “an iota of courage” to rule against the trial of civilians in military courts, stating that his decision was simply a matter of constitutional interpretation.

In January, the Supreme Court, led by Owiny-Dollo ruled that military courts, such as the General Court Martial, have no jurisdiction to try civilians. The ruling, delivered in a constitutional petition filed by former legislator Michael Kabaziguruka, declared such trials unconstitutional. It was widely praised across legal and civil society circles, with many commending the justices for their perceived bravery in addressing a long-standing legal controversy involving sections of the Uganda People’s Defence Forces (UPDF) Act.

However, speaking at the 8th Benedicto Kiwanuka Memorial Lecture, Chief Justice Owiny-Dollo rejected the idea that courage was required to make the decision.

His remarks came in response to former Uganda Law Society President, Senior Counsel Francis Gimara, who had suggested during his keynote address that judges must often summon courage when handling politically sensitive or controversial cases.

“I never required even an iota of courage to interpret the Constitution vis-à-vis the UPDF Act as amended and to come out with the decisions I made no courage at all,” Owiny-Dollo asserted.

He further argued that judicial courage, in its true sense, would be acting against one’s conscience which he said he did not do. Drawing on the legacy of Uganda’s first African Chief Justice, Benedicto Kiwanuka, Owiny-Dollo added that had Kiwanuka bowed to pressure from then-President Idi Amin or the political climate of the time, he might have written a judgment contrary to his convictions.

“Had Chief Justice Benedicto Kiwanuka listened to Idi Amin or the climate of the day, he would have required courage to write that ruling against his conscience,” he noted.

Despite the ruling, the question of military trials for civilians continues to stir debate in Uganda, particularly since many individuals arrested and charged before the ruling remain in military custody.