BY Nasser Kayanja
A team of advocates led by the outgoing Lord Mayor of Kampala, Elias Lukwago, has petitioned the Supreme Court challenging the composition and legality of the newly appointed General Court Martial, in a case involving jailed opposition figure Dr. Kizza Besigye.
Through Lukwago & Co. Advocates, the legal team is seeking an order halting the operations of the newly appointed army officers tasked with overseeing the Court Martial. The petition argues that Parliament acted unconstitutionally by amending the law to effectively reinstate the Court Martial after a previous Supreme Court ruling nullified its structure and operations.
Lukwago contends that the appointment of Brig. Gen. Tukashungura and his team is inconsistent with constitutional principles. He argues that as serving army officers, they swore allegiance to the Commander-in-Chief of the armed forces, which he says compromises their independence and contradicts their duty to uphold the Constitution and administer justice impartially.
The lawyers have also raised concerns over reports that the newly appointed team has begun recalling cases that had been referred to civilian courts. According to Lukwago, such actions could contravene established judicial procedures and infringe on the rights of accused persons.
Additionally, the petition questions Brig. Gen. Tukashungura’s mandate to preside over cases involving capital punishment, arguing that he lacks the legal competence to impose a death sentence.
The petitioners are now urging the Supreme Court to urgently pronounce itself on the matter to prevent what they describe as potential illegalities that could affect Dr. Besigye and other accused persons.
The case is expected to reignite debate over the jurisdiction, independence, and constitutional standing of the General Court Martial in Uganda.