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Winnie Byanyima has spoken out about her fears ahead of the Supreme Court’s ruling on whether Ugandan civilians, including her husband Dr Kizza Besigye, can be tried by military courts.
The ruling, set for tomorrow January 31, 2025, will determine if the General Court Martial has jurisdiction over civilians.
Byanyima says she has no hope of her husband getting justice if the Supreme Court maintains the military court’s jurisdiction over civilians.
“I have some hope if we succeed to get a ruling that says he should not be under the military court,” she says. “But under the military court, absolutely not. I have no hope.”
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Besigye and his associate Obeid Lutale are charged with treachery—an offence categorised under treason in Uganda’s Penal Code, carrying a potential death sentence.
They were arrested in November 2024, and initially accused of illegal arms possession and engaging in negotiations to purchase weapons abroad.
Byanyima and Besigye’s legal team maintain that the charges are politically motivated, especially in the lead-up to Uganda’s 2026 general elections.
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A Critical Supreme Court Decision
The long-awaited Supreme Court ruling follows a 2021 Constitutional Court decision, which found it unconstitutional for civilians to be tried in military courts unless they had voluntarily submitted themselves to military law.
Despite this, Uganda’s Attorney General challenged the ruling, arguing that the General Court Martial should retain jurisdiction over cases involving national security.
The upcoming judgment will set a precedent not only for Besigye and Lutale but for other civilians facing similar charges in Uganda.
A seven-judge panel, led by Chief Justice Alfonse Owiny-Dollo, will decide whether the military court’s authority over civilians is lawful.