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Civil courts lack jurisdiction over military appeals, Supreme Court rules

Ruth Anderah | December 12, 2024

The Supreme Court on Wednesday ruled that Civil Courts, including the Court of Appeal, lack the authority to hear appeals filed by soldiers tried and convicted by the Court Martial.

This landmark decision, delivered unanimously by a panel of five Supreme Court Justices led by Professor Lillian Tibatemwa, stems from a case filed by UPDF soldier Lt. Ambrose Ogwang. Ogwang was found guilty of murder by the Court Martial and sentenced to life imprisonment.

Ogwang sought to overturn both his conviction and sentence, arguing that they were unduly harsh and excessive. His legal troubles began on May 23, 2010, when he robbed a shop at gunpoint in Mbale City. While attempting to evade arrest, he shot and killed Inspector of Police George William Koire.

Ogwang was subsequently tried, convicted, and sentenced to death by the UPDF 3rd Divisional Court Martial. He appealed to the General Court Martial, which reduced his sentence to life imprisonment. A subsequent appeal to the Court Martial’s Appellate Court was also unsuccessful.

Undeterred, Ogwang filed an appeal with the Court of Appeal as a civilian. The Court of Appeal surprisingly declared that he should be tried in the High Court, as the offense was not committed while he was on active military duty. The court quashed his conviction and sentence, leading to his indictment by the DPP for murder and robbery before the High Court. He was convicted and sentenced to 29 years in prison for murder.

Still dissatisfied, Ogwang appealed the 29-year sentence to the Court of Appeal and, later, to the Supreme Court. However, the DPP objected, arguing that the Court of Appeal lacked jurisdiction to entertain appeals arising from the Court Martial.

The Supreme Court agreed with the DPP’s argument, holding that the Court of Appeal had erred in its decision. The court quashed the Court of Appeal’s decision and ordered that Ogwang serve the life imprisonment sentence imposed by the Court Martial Appeals Tribunal.

Tagged as Court of Appeal.