Parliament on Tuesday passed the Uganda People’s Defence Forces (UPDF) Amendment Bill, 2025 effectively defying a Supreme Court ruling that outlawed the trial of civilians in military courts. The new law reintroduces military jurisdiction over civilians under a restructured Court Martial system, raising concerns over constitutional violations and separation of powers.
The Bill’s passage came amid tense scenes at Parliament, including an unexplained cutoff of the official livestream shortly after Speaker Anita Among entered the chambers. There was also no live television broadcast of the session, effectively blocking public access to a proceeding.
Introduced last week by Defence Minister Jacob Oboth Oboth, the new version of the Bill purports to align with the Supreme Court’s January ruling in Attorney General vs Michael Kabaziguruka. In that judgment, the Court upheld a Constitutional Court decision that military courts had no jurisdiction over civilians, recognizing them instead as disciplinary tribunals for service offenses only. It further directed that all criminal cases involving civilians and capital offenses involving soldiers be transferred to civilian courts. However, instead of complying, the government withdrew the original UPDF Bill, which had only proposed internal structural changes, and replaced it with a sweeping new version that establishes a three-tier military court system and permits military advocates to chair these courts — including in cases involving civilians.
The Bill’s progression through Parliament was anything but smooth. Leader of the Opposition Joel Ssenyonyi led a walkout of opposition MPs, citing procedural violations and lack of stakeholder consultation.
Addressing journalists at a press briefing, Ssenyonyi said Parliament had not been given adequate time to read or debate the committee reports and claimed the majority report may have originated from the State House.
“Members were simply summoned to sign without meaningful review,” he said. He accused Speaker Among of ignoring legitimate procedural concerns and praised MPs who worked overnight to prepare minority reports.
“This was a sham process. Due process was trampled on. We had no choice but to walk out,” he added, announcing that the opposition plans to challenge the law in court, citing violations of Article 92 of the Constitution and contempt of a Supreme Court directive.
Despite the opposition boycott, a few MPs stayed behind to present minority reports. Erute South MP Jonathan Odur warned that the Bill violates Article 92, which prohibits Parliament from enacting laws that overturn court decisions. He also raised a point of sub judice, citing pending cases before both the Supreme Court and the East African Court of Justice including Civil Appeal No. 01 of 2025, filed by lawyer Male Mabirizi, which challenges the constitutionality of trying civilians in military courts.
“The Bill seeks to formalize what the Court already ruled unconstitutional. Proceeding is in direct contempt of court,” Odur said.
Kioga County MP Moses Okot Bitek, presenting a separate minority report on behalf of 14 MPs including Mathias Mpuuga, Medard Lubega Sseggona, and Betty Nambooze, criticized the Bill for undermining the judiciary. He specifically opposed Section 117A(e), which allows military courts to try civilians found in unauthorized possession or sale of military uniforms — offenses already covered under the Penal Code Act. Okot argued that the Bill dangerously expands military jurisdiction and revives provisions the Supreme Court explicitly struck down. “Sections 2, 179, and 119 of the current UPDF Act were already declared unconstitutional for duplicating offenses found in civilian law,” he emphasized.
Despite the resistance, the ruling National Resistance Movement (NRM) and its allied independents used their numerical advantage to pass the Bill.
Among its key provisions is the establishment of the Unit Court Martial to handle offenses punishable by up to five years’ imprisonment, chaired by a captain-level officer who is also a qualified lawyer. It also creates the Division Court Martial, responsible for trying offenses warranting more than five years in prison, excluding capital offenses, chaired by a Lieutenant Colonel and legal practitioner. The General Court Martial is restructured to handle capital offenses and will be chaired by a Brigadier General qualified for appointment as a High Court judge. The chair will be appointed by the High Command in consultation with the Judicial Service Commission, on a renewable three-year term.
If signed into law by President Yoweri Museveni, the Bill could extend military court jurisdiction to civilians associated with the UPDF, including individuals who accompany military units or engage with military equipment or attire. The passage of the UPDF Amendment Bill, 2025 marks a profound shift in Uganda’s military justice system, reigniting a contentious debate over the separation of powers, constitutionalism, and civil liberties. With the opposition preparing to challenge the law in court, the battle over whether civilians can be subjected to military justice — a question the Supreme Court had seemingly settled — is far from over.
