DPP Breaks Silence on Files of NUP Political Prisoners Referred from General Court Martial

Anguzu revealed that more than 40 files were forwarded to the Office of the Director of Public Prosecutions (ODPP) from the General Court Martial. However, he noted that several of the cases required extensive review because military court procedures differ significantly from those used in civilian courts.

“Over 40 files were referred to the ODPP from the General Court Martial, some of which required panel beating because the procedures in the Court Martial are completely different from those in the civilian justice system. We had to evaluate each case to determine whether it was still viable, considering the time that had passed since investigations were conducted,” Anguzu said.

He explained that many of the files had originally been investigated by military agencies, including Military Police and military intelligence bodies, making them difficult to prosecute within the civilian justice system.

“A number of these cases were investigated by the army and, based on their facts, are not easily amenable to prosecution in civilian courts. My investigations are conducted by the police, so how can I take over a case investigated by the army?” he questioned.

Addressing concerns about jurisdiction, Anguzu emphasized that although the Constitution grants the DPP authority to take over criminal proceedings before any court, such powers do not extend to proceedings before the General Court Martial.

“If there are matters that have not yet been referred to us and people are still in custody, I am afraid my hands are tied by the law and the legal process. In law, jurisdiction is everything. If you do not have jurisdiction, there is nothing you can do. The Constitution is very clear on the powers of the DPP,” he stated.

He stressed that his office can only act on cases formally referred by the General Court Martial and has no legal avenue to independently assume control over such matters.

Anguzu further stated that he can fully account for the 50 case files received from the military court system. He noted that many of these cases have already been presented before civilian courts, while investigations into the remaining files are still being finalized by police before charges are instituted.

At the beginning of 2025, the Supreme Court, through a majority decision, directed that all pending trials of civilians before military courts should cease immediately and that the respective files be transferred to civilian courts. However, the ruling did not invalidate earlier decisions previously made by the General Court Martial.

The decision marked the conclusion of a long-standing legal challenge that stemmed from a 2016 petition filed by former Nakawa legislator Michael Kabaziguruka, who contested his trial before the General Court Martial.