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Ugandan lawyers oppose return of military trials for civilians  

Date: Apr 21, 2025

A proposed piece of legislation seeking to reinstate military trials for civilians has sparked outrage among legal professionals and human rights advocates in Uganda, just months after the Supreme Court ruled the practice unconstitutional.

Justice and Constitutional Affairs Minister Nobert Mao confirmed the bill has been drafted and is awaiting cabinet approval before being presented to Parliament. According to Mao, the law will outline specific “exceptional circumstances” under which civilians may be subjected to military law.

The move has drawn sharp criticism from lawyers who view it as a deliberate attempt to undermine the judiciary and reverse recent legal reforms. In January, the Supreme Court ruled that trying civilians in military courts violated constitutional provisions. That ruling led to the transfer of opposition politician and former presidential candidate Kaiser Besieger’s case to a civilian court.

If passed, the new law could return Besieger and others facing similar charges to military jurisdiction.

“This is nothing but a calculated political move,” said Ugandan lawyer Benjamin Katana. “Like many state institutions, the military court has been compromised and turned into a tool for suppressing dissent. This is Museveni’s strategy to silence opposition voices under the guise of national security.”

Katana warned that the bill directly contradicts Uganda’s Constitution, which bars Parliament from enacting laws that reverse court decisions, especially those from the Supreme Court.

“They know it’s illegal, but they also know it’ll take time for the courts to respond,” he added. “In the meantime, they’ll use it during the election period. Even if the law is later annulled, the damage will have been done.”

According to Katana, such tactics have become a hallmark of governance under President Museveni, who has held power for nearly four decades.

“This is just the continuation of a pattern we’ve seen for 40 years, where legal and political systems are bent to serve one man’s interests,” he said.

Commenting from Ghana, Dr. Benjamin Anyagre Azigina'ataeg, Head of Afro Continental Consulting in Accra, pointed to a wider issue across the continent: the unwillingness of some African leaders to accept criticism or relinquish power.

“Too many leaders in Africa see criticism as a threat rather than an opportunity to improve. They isolate themselves, rewrite constitutions, and hold onto power, not for service, but for privilege,” Azigina'ataeg said.

He accused such leaders of disregarding the needs of the people who elect them. “They’re not concerned about poverty, education, or basic rights. Their focus is maintaining control,” he said.

Oryem Nyeko, a Senior researcher at Human Race Watch, underscored the impact of military courts on justice in Uganda.

“Our studies have shown that military courts operate under completely different standards,” Nyeko said. “People tried in these courts often face delayed justice and limited access to fair legal representation. It's a system that’s done real harm to thousands.”

He urged both local and international stakeholders to remain vigilant. “This isn’t just a Ugandan issue, it’s a global human rights concern. If this law passes, it will set a dangerous precedent.”

--ChannelAfrica--

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