NRM leader and Uganda's President Museveni. PHOTO/FILE
The ruling National Resistance Movement (NRM) party parliamentary caucus has been drafted to kick-start amendments to the Constitution and the Uganda People’s Defence Forces (UPDF) Act, 2005, to give legal force to military courts to try civilians again.
The move quickly followed on the heels of strong resistance by both President Museveni and the Chief of the Defence Forces (CDF). Both vowed to seek amendment of the UPDF Act to empower the military courts to resume prosecuting civilians.
The justices of the Supreme Court on January 31, in a majority landmark judgment of 6:1, declared it unconstitutional to try civilians in military courts.
The judges cited lack of independence and fairness by the army court to those who appear before them since it derived its powers from the High Command of the army.
In defence of military court
But the ruling drew the ire of President Museveni, who a day after, hit back at the decision of the highest court in the land, branding it as “wrong”.
He, in defence of the military court, said: “This is a method which we the freedom fighters support because it reinforces the Civilian Judicial System to defend the lives of our People against Criminals armed with guns.”
Mr Museveni, who is also the commander in chief of the armed forces, in a statement posted on X, formerly Twitter, told the judges that this country is not governed by them only but by all the people of Uganda who are of voting age.
President Museveni commissions a book during the 44th Tarehe Sita anniversary in Kyotera District on February 6, 2025. Looking on is first son and military chief Gen Muhoozi Kainerugaba. PHOTO/COURTESY/PPU
Similarly, Gen Muhoozi Kainerugaba, who is the CDF, and son of President Museveni, said the court ruling was likely to cause anarchy in the country and also disorganise the operations of the army.
“Your Excellency, this development is very unfortunate and quite unacceptable. It could herald a national security crisis threatening the effective command, control and administration of the defence forces,” he said during the Tarehe Sita celebrations at Kasasa township grounds in Kyotera District.
Tarehe Sita, commemorates February 6, 1981 when the five-year guerilla war that brought President Museveni to power was launched against the Milton Obote II regime, with the first attack on Kabamba Military Barracks.
Mr Museveni had earlier warned of the Supreme Court ruling: “Anyway, the country is not governed by the Judges. It is governed by the People –all of us Ugandans that are old enough to vote. In the matter of the Constitution and other legislations, we govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament.”
“The judges interpret the laws: let, therefore, the Attorney-General propose the amendments to the constitution of the laws to help our Judges in future from interfering with this useful self-protection instrument for the Country and also remove any irrationalities if any,” he added.
Chief Justice Alfonse Owiny-Dollo delivers his judgment which stopped the trial of civilians in the military court on January 31, 2025. PHOTO/ABUBAKER LUBOWA
It was in this pursuit that President Museveni last Friday evening summoned the NRM Caucus to State House in Entebbe where he reportedly asked them to support his move to amend the UPDF Act, 2005, so that the army could continue to try civilians in military courts.
Caucus resolutions
Shortly after the meeting, Mr Denis Hamson Obua, the NRM party caucus chairperson and the Government Chief Whip, issued a late-night statement confirming the resolution to amend the UPDF Act, 2005, to allow the army to prosecute civilians in the military courts.
“We, the Members of the NRM Parliamentary Caucus, assembled at State House, Entebbe today, Friday, 7th February, 2025, committed to NRM's continued leadership and transformation of Uganda; mindful of the recent Supreme Court Ruling concerning the setup of the Court Martials, warmly appreciate of the address and guidance of His Excellency, Gen Yoweri Kaguta Museveni, President of the Republic of Uganda and NRM National chairperson, on the said issue; do hereby resolve as follows:
1. That the NRM Caucus has agreed that the UPDF Amendment Bill currently in Parliament be withdrawn.
2. That the Attorney General be given time to draft the new proposals into the UPDF Amendment Bill, pursuant to the Supreme Court ruling, and an Extraordinary Caucus meeting be convened to discuss the proposals of the Bill,” a resolution by the caucus read.
Way forward
Mr Obua, who later spoke to NTV Uganda on Saturday evening, said the matter was urgent and the party was charging Attorney General Kiryowa Kiwanuka to act with speed to have it dealt with.
“We are now saying this is the same law. Other than proceeding to amend, why don't we just do a withdrawal, have a comprehensive consideration in terms of drafting it to cover the areas where [the Supreme] Court has made a decision in the knowledge of the attorney general, this matter is urgent and we expect it to be handled as soon as possible,” Mr Obua said.
Government Chief Whip Denis Hamson Obua addresses the media at Parliament. PHOTO | DAVID LUBOWA
Though the details of the proposed amendments are still scanty, Ms Lydia Wanyoto, the NRM Women’s League chairperson, said during a political talk-show on Capital FM in Kampala on Saturday that there were a number of issues that the NRM party wanted addressed through the amendment.
Opposition, civil society react
Both civil society groups and Opposition politicians have reacted with caution to the move by the NRM Caucus to amend the UPDF Act, 2005, and make provisions to allow court martial to try civilians.
The judgment
In his judgment, the Chief Justice made several recommendations, which he said both the Executive and Parliament could follow to solve the question of whether civilians can be tried in military courts.
Deadlock
The military court has since hung onto the civilians who have been detained on its orders, including opposition politician Dr Kizza Besigye and several others.
Dr Kizza Besigye and Obeid Lutale arrive at the General Court Martial in Makindye, Kampala, on January 14, 2025. PHOTO/AUBAKER LUBOWA
While appearing before Parliament last week, Mr Nobert Mao, the minister for Justice and Constitutional Affairs, said the court decision did not automatically translate into the release of the suspects tried by the court martial.
But the submissions by Mr Mao received a swift rebuttal from Mr Sseggona.
He countered that “Even a basic law student would understand that without a court order, one cannot detain. What Norbert Mao is trying to say now, to do, is to say that Dr. Besigye and all those other people, the hundreds of thousands of people in prison must justify their liberty and freedom without a valid detention warrant. Nobody can be in prison. It is illegal and I'm surprised that Mao, who is supposed to advise, knows some law because he went to law school in Makerere. So he should not mislead,” he said.
