President Yoweri Museveni, who openly defied a recent Supreme Court ruling barring the trial of civilians in military courts. The President, long a critic of the way predecessors like Idi Amin undermined justice, hailed the decision of the court as a big blow to the fight against crime and the protection of national security. This decision has sparked a heated debate on the fine balance between justice, security, and the rule of law in Uganda.

The ruling by the highest court, given on Friday, said that a civilian who commits crimes such as illegal possession of firearms should be taken before courts of law but not military courts. It cited that doing such violates the civilian’s rights to be protected through the due processes of a competent and independent judiciary. The move has, however been squarely rejected by President Museveni, who said military courts ensure discipline and will protect the country from armed robbers.

“I was sorry to hear of the wrong decision by the Supreme Court regarding the trying of civilians in military courts,” he told reporters. “This is an instrument we cannot and will not abandon. It has proven effective in dealing with armed criminals and ensuring the safety of our people.”

Museveni, who waged a guerrilla war in 1981 to restore democracy in Uganda, has often blamed previous leaders for destroying the country’s justice system. Ironically, his refusal to comply with the decision of the Supreme Court has been likened to similar actions he strongly criticized in the past. The President argues that military courts are not only for soldiers but also necessary to deal with civilians who arm themselves illegally and become a danger to society.

Why shouldn’t civilians who illegally arm themselves with guns not be taken to military courts?” Museveni asked. He said military courts have been more efficient, especially in the restive regions of the country such as Karamoja where armed violence has been a major problem. Museveni said military courts have brought sanity in Karamoja by taming young warriors who would have otherwise died in violent confrontations with the army.

He also focused on the role that military court plays in bringing up discipline among the armed forces and saving the civilians from the criminal armed people. He further noted that military courts play a significant role in ensuring national security, and abandoning this system would make the country exposed to crime and insecurity.
Despite the ruling by the Supreme Court, Museveni has sealed his lips in changing the existing system. Instead, he has called for constitutional amendments to ensure that military courts can continue to try civilians accused of crimes related to national security. “The country is not governed by the judges,” Museveni asserted. “It is governed by the people. We will use referenda or parliamentary amendments to make sure our legal framework serves the needs of our society.”

That Museveni defied the Supreme Court is not surprising. In the past, he referred to the Constitution as a “mere piece of paper” and labelled the judiciary, saying that “the country does not belong to judges and lawyers.” In his latest remarks, he has given reasons for people to doubt the independence of Uganda’s judiciary and the respect for the rule of law in the country.

Critics have also claimed that Museveni undermined the principles of democracy and the separation of powers by rejecting the Supreme Court’s decision. They said that allowing military courts to try civilians opens up avenues for abuses and human rights violations. But officials close to the President said that the military court system is needed to maintain order and protect the country from armed criminals.

The debate over military courts is likely to continue as Museveni pushes for constitutional changes to formalize the practice. In the meantime, the President has vowed to continue using military courts to hold criminals accountable, particularly those involved in armed violence. “We will not allow this judicial decision to undermine Uganda’s security and stability,” Museveni said. “We will continue to protect our country and ensure that criminals are brought to justice.”

As Uganda balances security concerns with justice, a presidential slap on the Supreme Court’s decision has raised vital questions about what the future holds concerning the country’s legal system. Will the government’s efforts to have the Constitution amended to allow military trials for civilians succeed, or will the judiciary and civil society push back in protection of civilians’ rights and against the erosion of the rule of law? It will take time to see, but one thing is for sure: the battle over military courts has not been overcome yet, and its outcome would be far-reaching for Uganda’s democracy and security.