Human Rights

2nd L.T. Ogwang Vs Uganda (CRIMINAL APPEAL NUMBER 107 OF 2013) [2018] UGCA 82 (8 November 2018);


Search Summary: 

This was a third appeal arising from the
decision of the Court Martial Appeal where the
accused was indicted and convicted on robbery
and murder. The appellant was charged for the
murder of the Police officer and sentenced to

death and appealed to the General Court
Martial where the appeal was allowed only
where the death was reduced to life
imprisonment. He further appealed with the
grounds that there was improper evaluation of
evidence, that the charge and caution statement
was illegal and that there were discrepancies in
the prosecution case leading to a miscarriage of
justice and that the sentence of life
imprisonment was unconstitutional.

Headnote and Holding: 

The court
held that under article 120, the respondent has
the obligation to appear in cases of this nature
and that the argument that there is no law
regulating the conduct of this appeal falls
because the Court Martial Court rules provides
to the effect that the appeals shall lie to the
Court of Appeal and the Supreme court being
the final appeal. That the matter was validly
before the court. That the the trial was flawed
since there was no coram and a member of the
bench had participated in the trial hence
flawing the trial. That the trial of the appellant
in the court martial for offences not service in
nature was unconstitutional and overruled.


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