NUP sues speaker, minister over new law reinstating civilian trials in military courts

The National Unity Platform (NUP) has petitioned the Constitutional court, challenging the newly enacted Uganda People’s Defence Forces (UPDF) (Amendment) Act, 2025.

The opposition party argues that the new law is a direct contravention of the Constitution and disrespects a recent Supreme court ruling. In the petition, NUP’s lawyers are challenging the legality of the law on several grounds, naming Attorney General Kiryowa Kiwanuka, speaker of parliament Anita Among, and minister of Defence Jacob Oboth Oboth as respondents.

The party claims they acted in personal and official capacities to violate the Constitution by rushing the legislation through parliament. NUP specifically takes issue with the reintroduction of a provision, now named Section 117A, which allows civilians to be tried in military courts.

The party contends this is a direct reversal of a Supreme court decision from January 30, 2025, in the case of Attorney General vs Hon. Michael Kabaziguruka, which declared the blanket trial of civilians in military courts unconstitutional.

The petition also argues that the new law undermines judicial independence by granting military courts sweeping powers to try any kind of criminal case, including those that should fall under civilian jurisdiction.

Furthermore, NUP highlights that the law allows serving military officers to sit on military court panels and gives the UPDF High Command the power to appoint judges and prosecutors.

The party asserts that such appointments should be made by independent bodies like the Judicial Service Commission (JSC) and the Director of Public Prosecutions (DPP). The NUP’s petition details what it calls a rushed and undemocratic process.

The bill was introduced in parliament on May 13, 2025, and passed just one week later, on May 20, 2025. Opposition members of parliament, led by the Leader of Opposition (LoP) Joel Ssenyonyi, protested the move by walking out of the session. They claimed the process ignored a clear Supreme court ruling and warned that it would push Uganda towards military rule.

Despite these protests, President Yoweri Museveni signed the bill into law, and it was published in the government Gazette within days. NUP is seeking a permanent court order to prevent Parliament and the government from passing similar laws in the future.

The party also wants the court to declare several parts of the new law unconstitutional and is asking for legal costs to be covered. The petition is supported by affidavits from NUP secretary general David Lewis Rubongoya, Joel Ssenyonyi, and Jonathan Odur, who claim the government deliberately ignored the Constitution and the authority of the courts.

The case is yet to be scheduled for hearing by the Constitutional court. NUP is being represented by a legal team from Nyanzi, Kiboneka and Mbabazi Advocates, Pace Advocates, and Nalukoola Advocates and Solicitors.