[2013] UGSC 20

[2013] UGSC 20

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 link to military law. The constitutionality of Section 119(1)(g) and (h) was upheld by the...

Citation
[2013] UGSC 20
Parties
Appellant: Namugerwa Hadijah; Respondent: Director of Public Prosecutions; Respondent: Attorney General
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
19 June 2013
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Habeas Corpus, Jurisdiction of Military Courts, Unlawful Detention, Service Offences, Application of Updf Act, Civilian Subject to Military Law
Source Language
English
Constitutional Law Criminal Law Civil Procedure Habeas Corpus Jurisdiction of Military Courts Unlawful Detention Service Offences Application of Updf Act +1 more

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Parties

Namugerwa Hadijah

Appellant

Director of Public Prosecutions

Respondent

Attorney General

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the General Court Martial has jurisdiction to try civilians for offences outside the UPDF Act.
  2. 2 Whether the General Court Martial has jurisdiction to try civilians for non-service offences.
  3. 3 Whether Ssali Mohamed was in unlawful detention and entitled to a writ of habeas corpus.

Ratio Decidendi

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 link to military law. The constitutionality of Section 119(1)(g) and (h) was upheld by the...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs in this court and in the two courts below.