[2014] UGHCCD 131

[2014] UGHCCD 131

The court held that all applicants are in lawful custody as the General Court Martial has jurisdiction over civilians found in possession of firearms or ammunition, which are the monopoly of the Defence Forces, pursuant to Section 119 of the UPDF Act. The whereabouts of the applicants are known, and they are detained in gazetted centers. Habeas corpus is not automatic and is only granted where unlawful detention is proven, which was not established in these cases. The constitutionality of the proceedings under the UPDF Act has not been challenged or declared unconstitutional, and the law remains in force. Therefore, the applications for habeas corpus lack merit and are dismissed.

Citation
[2014] UGHCCD 131
Parties
Applicant: Okoth Moses; Respondent: Attorney General
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
3 July 2014
Case Number
Misc. Cause No.162 of 2013
Procedural Posture
Miscellaneous Cause / Ruling
Outcome
applications dismissed
Legal Topics
Habeas Corpus, Jurisdiction of General Court Martial, Possession of Firearms, Lawful Custody
Source Language
English
Criminal Law Civil Procedure Habeas Corpus Jurisdiction of General Court Martial Possession of Firearms Lawful Custody

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Parties

Okoth Moses

Applicant

Attorney General

Respondent

Procedural Posture

Miscellaneous Cause / Ruling

Legal Issues

  1. 1 Whether the applicants are in unlawful detention and entitled to habeas corpus.
  2. 2 Whether the General Court Martial has jurisdiction over civilians found in possession of firearms.
  3. 3 Whether the applicants are entitled to the prayers sought in their applications.

Ratio Decidendi

The court held that all applicants are in lawful custody as the General Court Martial has jurisdiction over civilians found in possession of firearms or ammunition, which are the monopoly of the Defence Forces, pursuant to Section 119 of the UPDF Act. The whereabouts of the applicants are known, and they are detained in gazetted centers. Habeas corpus is not automatic and is only granted where unlawful detention is proven, which was not established in these cases. The constitutionality of the proceedings under the UPDF Act has not been challenged or declared unconstitutional, and the law remains in force. Therefore, the applications for habeas corpus lack merit and are dismissed.

Court Disposition

applications dismissed

Orders

  • All applications listed are dismissed for lack of merit.
  • Applicants who are entitled may apply for bail before the court.