Kampala, Uganda – Leaders from the National Unity Platform (NUP) have petitioned court, challenging the recently passed Uganda People’s Defence Forces (UPDF) Amendment Act, arguing that it is unconstitutional and undermines the rule of law.
The petition, filed today, was led by the party’s Secretary General David Lewis Rubongoya, alongside other senior officials.
NUP leadership is contesting the constitutionality of clauses within the Act that permit civilians to be tried by the General Court Martial under certain circumstances. These circumstances include situations where a civilian accompanies the UPDF on active service, serves with the UPDF under agreement, is found in unlawful possession of military items, or aids or abets soldiers in committing serious offenses.
NUP argues that the law infringes upon the rights of citizens to be tried in civilian courts as guaranteed by the Constitution. The party contends that the Constitutional Court, not the military court system, should be the proper forum for trying civilians, even in cases related to military-related offenses
“The Supreme Court clearly pronounced itself on this matter. Trying civilians in military courts is unconstitutional and amounts to undermining civilian justice systems,” Rubongoya told journalists outside court.
The contested amendment was passed by Parliament earlier this year and assented to by President Yoweri Kaguta Museveni. According to NUP, the process leading to its enactment violated parliamentary procedure and ignored both public consultation and judicial precedent.
Rubongoya further alleged that the amendment is intended to intimidate political opponents and suffocate dissent.
“We view this law as part of a broader campaign to criminalise political activity and suppress citizens’ rights,” he said.
In a 2025 decision, Supreme Court held that subjecting civilians to trial in the General Court Martial violated Article 28 of the Constitution, which guarantees the right to a fair hearing before an independent and impartial court. That ruling followed years of legal battles mounted by rights activists, opposition politicians, and civil society organizations.
Despite this, the UPDF Amendment Act now explicitly reinstates provisions empowering military courts to try civilians in cases involving firearms, classified security information, and offences deemed to threaten national security.
While the government has not formally responded to today’s petition, officials previously defended the amendment as a necessary tool to address terrorism, illegal arms possession, and other offences that, in their view, demand rapid and specialised adjudication.
Defence Ministry spokesperson Brig Gen Felix Kulayigye has in the past argued that certain crimes fall squarely within the jurisdiction of the military and that removing civilian trials from the Court Martial would weaken the state’s ability to respond to threats.
The Constitutional Court is expected to set a hearing date after reviewing the petition. Legal experts note that if the court agrees with the petitioners, the ruling could significantly limit the scope of military jurisdiction in Uganda.
Human rights organisations, including Chapter Four Uganda and the Uganda Law Society, have expressed support for NUP’s legal challenge, warning that the law could erode constitutional freedoms and further politicise the justice system.
Supreme Court is now tasked with reviewing the UPDF Amendment Act and determining its compatibility with the Ugandan Constitution. The ruling is expected to have significant implications for the balance of power between civilian and military judicial systems in Uganda.
The challenge marks the latest confrontation between opposition forces and the state over the balance between security imperatives and fundamental rights, a debate that has boiled for decades and continues to shape Uganda’s political landscape.
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