Constitutional Lawyers Decry Uganda's Passed Amendment Act, Calling It Unconstitutional

Constitutional lawyers in Uganda have vigorously criticized the recently passed Uganda People's Defence Forces (Amendment) Act, 2025, terming it unconstitutional and in direct contravention of the January 31 Supreme Court ruling. The lawyers argued that the Act, which would allow the return of civilians to be tried in military courts, erred by reactivating a system previously banned by the Supreme Court.

The lawyers, who include senior constitutional lawyer Peter Walubiri, Vice President of the Uganda Law Society Anthony Asiimwe, and human rights lawyer Eron Kiiza, among others, expressed concerns that the Act undermines the Constitutional doctrine, the guarantee of a fair trial, and judicial independence. They noted that the setting up of a parallel court system, one run by the military and the other by civilians, is illegal and would lead to more repression by the military and instill fear among opposition lawyers.

Key Takeaways:

• The Uganda People's Defence Forces (Amendment) Act, 2025, is considered unconstitutional by constitutional lawyers, who argue that it violates provisions of the Constitution and the January 31 Supreme Court ruling.
• The Act, if signed into law by the President, will reactivate the trial of civilians in military courts, which was banned by the Supreme Court.
• Six out of seven Justices in the Supreme Court banned the trial of civilians in military courts, recommending that if court martial is wanted, it should be a division of the High Court.
• The lawyers argue that the amendment has created even wider circumstances than what was previously allowed, contravening the Supreme Court's decision.
• The Act has been criticized for undermining the Constitutional doctrine, guarantee of a fair trial, and judicial independence.
• Human rights lawyer Eron Kiiza warns that the amendment will instill fear among opposition lawyers and create more repression by the military due to the different way military courts conduct business compared to civilian courts.

Statistics:

• 197 members of Parliament from the ruling National Resistance Movement (NRM) party voted yes to the proposed Act.
• 6 out of 7 Justices in the Supreme Court banned the trial of civilians in military courts.
• The Supreme Court ruling was issued on January 31, with a panel of seven judges led by Chief Justice Alfonse Owiny-Dollo.

Sources:

• "Uganda Opposition Candidate, Others to Face Trial in Army's Military Court" by Reuters, May 21, 2025.
• "Uganda's President Museveni Signs Military Bill into Law, Critics Condemn as a Risk to Democracy" by The East African, May 21, 2025.
• "Uganda's Supreme Court Bans Trial of Civilians in Military Courts" by The New Vision, January 31, 2025.