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3 Jul 2014

Constitutional Law [2014] UGHCCD 89

Okumu v Attorney General (Misc. Cause No.163 of 2013)

Okumu v Attorney General (Misc. Cause No.163 of 2013) [2014] UGHCCD 89 (3 July 2014)

Court: HC: Civil Division (Uganda)
Case number: Misc. Cause No.163 of 2013

The court held that all applicants are in lawful custody as the General Court Martial has jurisdiction to try civilians found in possession of firearms or ammunition, pursuant to Section 119 of the UPDF Act. The whereabouts of the applicants are known, and they are detained in gazetted centers. Habeas corpus is not available in these circumstances as the applicants have not demonstrated unlawful detention. The constitutionality of the proceedings under the UPDF Act cannot be determined by this court and must be referred to the Constitutional Court. Therefore, the applications for habeas corpu…

Source excerpt

Habeas Corpus
Jurisdiction Of General Court Martial
Unlawful Detention
Possession Of Firearms
Rights Of Civilians
Application Of Updf Act

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19 Jun 2013

Constitutional Law [2013] UGSC 20

Namugerwa v Attorney General

Namugerwa v Attorney General [2013] UGSC 20 (19 June 2013)

Court: Supreme Court of Uganda

The Supreme Court held that civilians in Uganda can become subject to military law under Section 119(1)(g) and (h) of the UPDF Act if found in unlawful possession of arms, ammunition, or equipment ordinarily the monopoly of the Defence Forces. Once subject to military law, such civilians may be tried by the General Court Martial for service offences, including those under the Penal Code Act or Firearms Act. The Court found that the charge sheet against Ssali Mohamed alleged possession of a firearm described as ordinarily the monopoly of the Defence Forces, thereby establishing the necessary l…