Jurisdiction

Namugerwa v Attorney General (CIVIL APPEAL NO. 04 OF 2012 ) [2013] UGSC 20 (19 June 2013);

Flynote: 

Search Summary: 

The appellants brought an application for habeas corpus ad
subjuciendum for the release of his brother who had been
convicted and sentenced by the General Court Martial on
charges of aggravated robbery and illegal possession of fire
arms a monopoly of the defense Forces. The application and
the first appeal to the Court of Appeal were dismissed hence
this second appeal.
The appellant’s main ground of appeal was that the learned
Justices of Appeal erred in law when they found that the
General Court Martial had jurisdiction to try civilians for
offences outside the UPDF.

Headnote and Holding: 

The court observed that the
court martial had powers to try civilians and that; that
civilians in Uganda can become subject to military law and
can be tried by the General Court Martial. The court
observed that the State established a link between the
accused and the law by stating in the charge sheet that the
accused was found in possession of a firearm being
ordinarily the monopoly of the Defense Forces.

The appeal was thereby dismissed.

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