The Director of Public Prosecutions (DPP), Jane Frances Abodo, has rejected calls from members of parliament to take over civilian cases being tried in the Court Martial, citing constitutional limitations and respect for judicial boundaries.
Appearing before the Legal and Parliamentary Affairs committee on Wednesday to present the 2025/26 Budget Framework Paper for the DPP, Abodo clarified that Article 120 of the Constitution explicitly restricts her office from interfering with proceedings in the Court Martial.
“I cannot institute or take over cases under the Court Martial,” Abodo stated. “We have looked at it, and I just want to stay in my lane. You will forgive me if I do not comment on specific cases because the next question would be to provide opinions, which could subject me to the sub judice rule.”
Abodo was responding to a query from Bugiri Municipality MP Asuman Basalirwa, who had urged the DPP to consider taking over and discontinuing cases involving civilians in the military court. Basalirwa argued that such a move would enhance fairness and consistency in the judicial process.
“We are of the considered opinion that whereas the Constitution states that the DPP can institute cases in all courts except the Court Martial when it comes to taking over and discontinuing cases, the Constitution permits it,” Basalirwa said.
“We invited the DPP to seriously consider this provision and see whether the office can move to take over and discontinue proceedings in the Court Martial, particularly for civilians.”
Abodo, however, reiterated her position, stating that any action contrary to constitutional provisions would overstep her mandate and potentially lead to legal disputes.
“I may not comment further on this matter because it is currently before the Supreme court,” Abodo said, declining further comment.
The trial of civilians in military courts remains a contentious issue in Uganda. Critics argue that it undermines human rights and the principle of a fair trial. High-profile cases currently being handled by the Court Martial include those of Dr Kizza Besigye and Obeid Lutale Kamulegeya, who face charges related to security and unlawful possession of firearms.
In 2021, the Constitutional court ruled that the Court Martial lacks the authority to try civilians. A majority ruling of three justices against two found that while the Court Martial is a competent court under the 1995 Constitution, its jurisdiction is limited to serving members of the Uganda People’s Defence Forces (UPDF).
The ruling stemmed from a 2016 petition by former Nakawa MP Michael Kabaziguruka, who challenged his trial in the General Court Martial after being accused of possessing firearms, which are reserved for the armed forces.
However, the Attorney General appealed the Constitutional court’s decision to the Supreme court, seeking to overturn it. The matter remains unresolved as the Supreme court is yet to deliver its ruling.
Abolo fears saleh and his family what can she say really.
Basalirwa stop pretending thats the government you support quietly