By Aggrey Baba
The National Unity Platform (NUP) has petitioned the Constitutional Court, seeking to overturn the recently passed UPDF Amendment Act, which they argue undermines the Constitution and court rulings.
Led by the Leader of the Opposition in Parliament (LoP) and party spokesperson, Joel Ssenyonyi, the team included notable party members like deputy president Lina Zedriga, secretary general Lewis Rubongoya, lawyer Erias Nalukoola, among others. The petition was filed today (Wednesday) morning, arguing that the law was passed irregularly and is inconsistent with the country’s supreme law.
The contested amendment was passed earlier this year to expand the jurisdiction of the UPDF Act, allowing civilians to be tried in military courts for certain offences. This followed years of debate over the role of the General Court Martial in prosecuting non-militants, despite an earlier Supreme Court ruling that civilians should only be tried in civilian courts.
In their petition, the Kavule based political outfit contends that the law violates Article 92 of the Constitution, which bars Parliament from passing legislation that alters a decision of court. They also claim there was no adequate consultation with stakeholders before its passing and that the required quorum in Parliament was not met during the vote.
The issue of civilians facing trial in military courts has been a long-running matter in Uganda’s justice system. High-profile cases in recent years have included the trial of opposition MPs and supporters, such as those arrested during by-election campaigns or political protests. In 2021, for example, several NUP supporters arrested in Kalangala and Kampala were charged before the General Court Martial, drawing criticism from human rights groups and legal experts who argued that such cases should be handled in civilian courts.
The Constitutional Court will now consider the petition, which could determine whether the new law stands or is struck down. A ruling in NUP’s favour would reinforce the Supreme Court’s earlier decision and potentially limit the military’s jurisdiction over civilians going forward. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
