By Aggrey Baba
[when thunder roars, the storm is near]. On Tuesday, February 4, Parliament turned into a legal battlefield as Attorney General Kiwanuka Kiryowa defended the government’s handling of the Supreme Court ruling, which ordered the General Court Martial to stop trying civilians.
But what was meant to be an explanation turned into a heated confrontation, with Leader of Opposition Joel Ssenyonyi accusing the government of defying the court and holding civilians hostage.
Kiryowa, standing firm before Parliament, declared declared that “All criminal pending trials before the General Court Martial should cease forthwith.”
He assured Parliament that the court Martial was compiling lists of all civilian cases for transfer to civilian courts and that the Uganda Prisons Authority should wait before releasing detainees until the DPP decides which cases to take over.
But Ssenyonyi, clearly unimpressed, did not hold back. Raising his voice, he slammed the Attorney General’s directive, calling it a calculated move to frustrate justice.
“The Supreme Court ordered for an immediate release of all those in detention on orders of the General Court Martial!” he roared.
The Nakawa West MP then took direct aim at Kiryowa’s advice to the DPP, calling it a violation of Article 120 of the Constitution, which guarantees the independence of the Directorate of Public Prosecutions.
“No one should give orders to the DPP.” Ssenyonyi warned. [But here you are, telling the Court Martial to hand over cases to the DPP as if the DPP takes instructions from you! That’s illegal].
His voice rising, he drove his point home.
“The Court Martial no longer has any power over these people. Release them first. If the DPP later finds reason to prosecute them in civilian courts, that is their decision, not yours.”
Tension in the House was too much, with some MPs nodding in agreement while others whispered among themselves.
Kiryowa, however, remained unshaken, maintaining that the Ministry of Defence and Veteran Affairs was already working on legal amendments to the UPDF Act to align with the Supreme Court ruling.
Following AG Kiryowa’s explanation, the next move by the government will be closely watched.
Will they comply fully with the Supreme Court’s ruling, or will legal technicalities keep civilians in military custody longer? The storm may not be over just yet. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
