Uganda’s main opposition party, the National Unity Platform (NUP), has filed a petition in the constitutional court seeking to nullify a controversial new law that reinstates the authority of military tribunals to try civilians. The move comes amid growing concern over the erosion of civil liberties and the politicization of justice in the country. Speaking to reporters outside the court, NUP Secretary General Lewis Rubongoya criticized the legislative process, alleging that lawmakers failed to conduct adequate public consultations before passing the bill. “They violated all the processes that they should follow while passing laws,” Rubongoya stated, underscoring the party’s belief that the law undermines democratic principles and judicial fairness.
The legal challenge follows a landmark ruling by the Supreme Court in January, which barred the prosecution of civilians in military courts. The court concluded that such tribunals lacked the legal competence to conduct criminal trials in a fair and impartial manner, a decision hailed by human rights advocates as a step toward strengthening Uganda’s civilian judicial system. However, in May, Parliament passed a bill reversing that decision, and President Yoweri Museveni swiftly signed it into law, reigniting debate over the role of military courts in a democratic society.
Rights groups, both local and international, have long accused the Ugandan government of using military courts as a tool to suppress political dissent, particularly targeting opponents of President Museveni, who has held power for nearly four decades. Despite these concerns, government officials maintain that only civilians involved in armed political violence are subject to military prosecution. Following the enactment of the law, then-army spokesperson Chris Magezi defended the measure, claiming it would “deter the formation of militant political groups.” Uganda’s military chief, Muhoozi Kainerugaba—Museveni’s son—also publicly congratulated lawmakers for passing the bill, signaling strong institutional support for the controversial legislation.
The law’s implications are particularly significant for the NUP, whose members and leaders have frequently faced charges in military courts. Among them is Robert Kyagulanyi, popularly known as Bobi Wine, a singer-turned-politician who is expected to challenge Museveni in the upcoming presidential election. The use of military tribunals against opposition figures has raised alarm over the fairness of Uganda’s electoral landscape and the broader state of political freedoms.
The Supreme Court’s earlier ruling had forced the transfer of a high-profile case involving opposition stalwart Kizza Besigye from a military tribunal to a civilian court. Besigye, who faces charges including treason, remains in detention nearly nine months after his arrest and has been repeatedly denied bail. His continued incarceration has drawn criticism from civil society organizations and legal experts, who argue that it exemplifies the risks posed by politicized judicial processes.
As the constitutional court prepares to hear the NUP’s petition, the outcome could have far-reaching consequences for the balance between military authority and civilian justice in Uganda. The case also serves as a litmus test for the country’s commitment to upholding democratic norms and protecting the rights of its citizens in the face of mounting political tensions.