Uganda Case Law

Ssemujju v Attorney General (Consitutional Petition No. 4 of 2018)

Ssemujju v Attorney General (Consitutional Petition No. 4 of 2018) [2023] UGCC 5 (3 February 2023)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 4 of 2018

Judge

Monica K. Mugenyi, JCC, Kakuru, JCC, Cheborion, JCC, Obura, JCC, Musota, JCC

The majority of the Constitutional Court held that the issues raised in the petition were substantially settled in Hon. Michael Kabaziguruka v Attorney General, Constitutional Petition No. 45 of 2016. The General Court Martial's jurisdiction is limited to persons subject to military law and enforcement of military discipline. Section 119(1)(h) of the UPDF Act, which purports to subject civilians to trial by military courts for offences under the Penal Code Act, is unconstitutional as it contravenes Article 28(1) of the Constitution. The petitioner, being a civilian, is not subject to military…

Source excerpt

• Military Jurisdiction
• Fair Trial Rights
• Court Martial Constitutionality
• Civilian Trial By Military Court
• Judicial Power Under Constitution