By Lawyer and activist Hassan Male Mabirizi has petitioned the Supreme Court to stop Parliament from debating the proposed Uganda People’s Defence Forces (UPDF) Amendment Bill, 2025, which seeks to restore court martial jurisdiction over both civilians and soldiers.
In his petition filed on Monday 14th April, Mabirizi argues that the bill blatantly defies a landmark Supreme Court ruling delivered on January 31, 2025, which barred military courts from trying civilians or UPDF personnel for criminal offences. He now wants the apex court to halt what he calls an unconstitutional move and contempt of court.
Related
President Museveni Appoints Tribunal to Probe Supreme Court Justice Esther Kisaakye
Supreme Court Bans Trial of Civilians in Military Courts
Gen. Muhoozi Kainerugaba Demands Apology from Supreme Court Over Military Court Ruling
“The actions and processes of the respondents are in clear violation of the Court’s decision, hence amounting to contempt,” Mabirizi said in his affidavit. “Any attempt to reintroduce court martial jurisdiction for criminal matters whether over civilians or soldiers – undermines the authority of the judiciary and the Constitution.”
In the now-contested ruling, seven justices of the Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, declared that military courts lack the independence and impartiality required for fair trials. They ordered the immediate cessation and transfer of all criminal cases involving civilians from military courts to civilian judicial systems. They also cautioned that any effort to reinstate such military court powers would require constitutional amendments.
He also points to public statements made by senior officials including Information Minister Chris Baryomunsi who vowed to reverse the court ruling. “On April 7, 2025, Baryomunsi told the public that Cabinet had resolved to reinstate court martial jurisdiction over both military and civilians,” Mabirizi stated.
Also Read
Second Suspect in Police Land Fraud Case Faces Court
EC Pushes Voters’ Register Display to April 25
Kalangala Man Sets Boss’s House on Fire After Eviction Dispute
The controversial bill is believed to have been drafted following two strategy meetings between President Yoweri Museveni and the ruling NRM party caucus. Reports indicate the meetings were aimed at restoring the military court’s authority despite the Supreme Court’s caution and directive.
The justices suggested reforms, including the establishment of a new class of superior courts under Article 129 of the Constitution, to accommodate a military justice system that aligns with principles of fair hearing and judicial independence.
3 Comments