Former Nakawa Mp, Michael Kabaziguruka, has spoken out in detail about his arrest and trial before the military court, an experience he says exposed the dangers of trying civilians in military tribunals.
Following parliament’s passing of a controversial amendment to the UPDF Act, Kabaziguruka is warning that the country is walking down a dangerous path.
Speaking during an interview on NBS’s FaceOff programme, Kabaziguruka narrated how shortly after he was elected and sworn into Parliament in 2016, he was suddenly arrested by police and taken to Kireka, from where, he was moved back to his home, but this time under house arrest for 28 days.
After that, Kabaziguruka said he was taken to Makindye Magistrate’s Court where he faced off with Gen. Andrew Guti who introduced himself to him (Kabaziguruka) as the chairman of the military court and later handed over to Uganda Prisons. “What shocked me most was that I was later brought before the General Court Martial,” he said.
At the time, the then newly elected MP said he didn’t understand why he, as a civilian and lawmaker, was being tried by a military court. No official explanation was given to him, and he only learned from media reports that he was accused of attempting to overthrow president Museveni’s government.
As the court sessions continued, he took time to research Uganda’s Constitution and came to a firm conclusion that the General Court Martial is wasn’t a court of judicature and no constitutional authority to try civilians.
Kabaziguruka boldly told the military panel, led by Gen. Andrew Gutti, that the tribunal was illegal in his case. “How can a serving soldier, who answers to the Commander-in-Chief, be expected to give justice to a civilian?” he asked, saying that was like asking a hyena to guard goats, because the same commander-in-chief (Museveni) was the very person he was being accused of try to overthrow.
His challenge led to a landmark ruling by the Supreme Court, which declared that trying civilians in military courts is unconstitutional, after winning in the high court, and court of appeal, where the attorney general had run to, to challenge his high court victory. The supreme court under chief justice Owiny-Dollo ordered that all such cases be transferred to civilian courts.
“That ruling wasn’t just a victory for me. It was for every Ugandan because any of us can fall victim to injustice.”
However, despite the ruling, Kabaziguruka now fears that the same problem is returning in a new form with parliament, dominated by the NRM, has passed an amendment to the UPDF Act, (now waiting President Museveni’s signature) aiming to reintroduce the trial of civilians by military courts.
Kabaziguruka believes the move is not only unconstitutional, but also a direct attack on the judiciary. “Article 92 clearly states that Parliament cannot pass a law intended to defeat a court ruling. But that’s exactly what this amendment is doing,” he said.
He added that the justification that civilians found with military equipment should face the General Court Martial, is weak, adding that people who commit crimes with guns, like those who killed someone at a mobile money shop in Ntinda or those who attacked Gen. Katumba Wamala, were taken to civilian courts.
“Why should someone wearing a beret that just looks like UPDF gear be sent to a military court?”
Kabaziguruka argues that Uganda has competent civilian courts capable of handling all criminal cases, and military courts should only be used to discipline soldiers, not to try ordinary Ugandans.
“The problem is not the lack of courts. The problem is the motive behind these military trials. It’s more about silencing political opponents than ensuring justice.”
As the UPDF Amendment Bill 2025 awaits presidential confirmation, Kabaziguruka warns that the country must tread carefully, not allowing the rule of law to be twisted to serve political goals. “You don’t cut down a tree to catch a bird. We can’t destroy our justice system just to win short-term battles,” he said. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
