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The opposition National Unity Platform has Wednesday filed a petition challenging the Uganda Peoples' Defence Forces (UPDF) Amendment Act, 2025.
Joel Ssenyonyi, the Leader of the Opposition in Parliament, led a team of party leaders and lawyers to file the petition at the Constitutional Court in Kampala.
The petition argues that the new law contains several procedural and constitutional irregularities, fundamentally undermining the rule of law and the independence of the judiciary.
A Controversial Law with far-reaching implications
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The UPDF Amendment Act was passed by the Parliament on 20 May 2025 and subsequently assented to by the President.
It was designed to introduce a series of reforms, including streamlining the military's administrative structures and improving the welfare of soldiers.
However, its most contentious element is the provision that allows for civilians to be tried in military courts.
This clause, in particular, has been a flashpoint for debate, as it appears to directly contravene a definitive Supreme Court ruling from January 2024, which had previously declared the trial of civilians in military courts to be unconstitutional.
The Act specifies "exceptional circumstances" under which civilians can be subject to military law, such as unlawful possession of military weapons, collaboration with army personnel to commit crimes, or impersonating a soldier.
The NUP's petition specifically challenges the legality of this provision, citing that it violates Article 92 of the Constitution, which prohibits Parliament from passing any law to alter a court's decision.
Grounds for Legal Challenge
The NUP's legal challenge is multifaceted. In addition to the violation of Article 92, the petition claims that the law was passed without adequate consultation with key stakeholders.
Furthermore, it argues that the parliamentary session that passed the law lacked the necessary quorum, a claim that opposition MPs raised at the time by staging a walkout in protest.1
Joel Ssenyonyi says the Supreme Court's position was "unequivocal" in stating that civilians must be tried in civilian courts.
The petition hopes that the Constitutional Court will reinforce this precedent and declare the contentious sections of the new law null and void, thereby protecting the constitutional separation of powers and the rights of citizens to a fair trial in a civil court.