AFRICA LAW & JUSTICE

UGANDA APPROVES MILITARY TRIALS FOR CIVILIANS DESPITE COURT BAN

UGANDA APPROVES MILITARY TRIALS FOR CIVILIANS DESPITE COURT BAN
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Faith Nyasuguta 

Uganda’s parliament has passed a controversial law allowing military courts to try civilians, defying a Supreme Court ruling that had declared the practice unconstitutional. The move has triggered widespread outrage from opposition leaders and human rights activists, who say it marks a dangerous step toward authoritarianism.

The Supreme Court in January had ruled that trying civilians in military courts violated Uganda’s constitution and failed to meet the standards of a fair trial. Yet on Tuesday, lawmakers backed new legislation reintroducing the practice. The bill’s passage comes despite legal warnings and growing public unease over the erosion of judicial independence.

Military leader and presidential son General Muhoozi Kainerugaba applauded the lawmakers on social media, hailing them as “fearless patriots” and vowing that history would remember their courage. His praise follows his recent controversial admission that he was holding a missing opposition activist in his basement, an act widely condemned by rights groups.

Military leader General Muhoozi Kainerugaba /Uganda News/

President Yoweri Museveni’s government insists military tribunals are vital for maintaining national security. Military spokesperson Chris Magezi defended the new law, saying it would help tackle “armed violent criminals” and “militant political groups” that pose threats to Uganda’s democracy.

But critics say this is just the latest chapter in a long history of using military courts to intimidate government opponents. “There’s no legal basis to provide for the trial of civilians in the military court,” opposition MP Jonathan Odur said during the heated parliamentary debate. He denounced the bill as “shallow, unreasonable and unconstitutional.”

Human rights watchdogs agree. Human Rights Watch (HRW) has long condemned Uganda’s military trials, calling them politically motivated and lacking judicial fairness. Oryem Nyeko, a senior Africa researcher at HRW, stated earlier this year: “The Ugandan authorities have for years misused military courts to crack down on opponents and critics.”

Yoweri Museveni /Courtesy/

Uganda has a well-documented record of prosecuting opposition leaders through military courts. In 2018, popular singer-turned-politician Bobi Wine was charged by a military tribunal with unlawful firearm possession. Although the charges were later dropped, his arrest was widely seen as an attempt to derail his political rise.

Veteran opposition figure Kizza Besigye also faced a military tribunal after being arrested in Kenya and forcibly returned to Uganda. His trial was transferred to a civilian court only after the Supreme Court ruling earlier this year. His political party, the People’s Front for Freedom (PFF), continues to denounce the charges as fabricated.

Despite legal and public backlash, Uganda’s ruling party appears determined to maintain military trials for civilians, raising serious concerns about the future of democracy in the country.

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Faith Nyasuguta

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