Uganda is at the centre of renewed international controversy following the signing of a new law by President Yoweri Museveni, allowing civilians to be tried in military courts.
The law, signed in early June 2025, amends an older statute previously ruled as unconstitutional by Uganda’s Supreme Court. In January 2025, the Court ruled that military tribunals lacked the legal authority and impartiality necessary to try civilians, particularly in cases involving terrorism and firearms. The ruling highlighted the absence of jurisdiction and appropriate legal qualifications among military court officials, reinforcing calls by human rights activists and opposition leaders to end this practice altogether.
However, this new amendment overrides this judicial decision, reasserting the state’s authority to try civilians in military courts under circumstances deemed appropriate by security agencies. For many, this latest move by President Museveni, who has held power in Uganda for more than four decades, could be a signal for authoritarian position over democratic freedom.
The discussion around military courts trying civilians is not new in Uganda. It has been a recurring event in the nation’s political landscape, particularly involving opposition figures and activists. Ina notable 2024 incident, opposition leader Dr. Kizza Besigye was reportedly abducted in Kenya and transported back to Uganda under undisclosed circumstances. He was then detained in a military facility and arraigned before a military court in Kampala, although he was a civilian.
Similarly, Olivia Lutaaya, a member of the opposition group National Unity Platform (NUP), was arrested in May 2021 along with 31 others who were accused of attempting to disrupt the presidential inauguration. Later charged with possession of ammunition and explosives, Lutaaya spent nearly four years in detention despite her being a civilian and mother of two. According to her legal team and human rights advocates, she was coerced into pleading guilty in order to secure her release.
Agatha Utuhaire, a Kampala based lawyer and civil rights advocate has long criticised the application of military justice to civilians, especially when the accused are political opponents. She argues that the practice is in direct violation of Uganda’s 1995 Constitution, which provides for the separation of civilian and military judicial processes.
Defenders of the policy, including military officials, maintain that the use of military courts is both legal and necessary. In a BBC Africa Daily episode aired in November 2024, Uganda People’s Defence Forces (UPDF) spokesperson Brigadier Felix Kulayigye said that any Ugandan who “makes himself subject to military law” could be legally tried in a military court. President Museveni himself has also echoed a similar sentiment. He has expressed that military courts are vital for addressing violent crimes, especially those that involve firearms. He claims that civilian courts are overburdened and are too slow in processing cases involving what he refers to as “gun-wielding criminals and terrorists.”
Human rights organizations disagree with this law warning that trying civilians in military courts leads to serious abuses including unfair trial guarantees and the denial of legal representation. The latest amendment represents more than just a change in legal procedure, it is viewed by many as a blow to the rule of law in Uganda.
Opposition leader Bobi Wine has been a vocal critic of Museveni’s administration and has expressed his concern that the law is a strategic move designed to target him and his supporters as well as other opposition groups.
Civil society groups, legal experts and international observers like Amnesty International are now closely watching Uganda’s next steps. The United Nations Human Rights Office has called on the Ugandan government to respect the January Supreme Court’s ruling and ensure that civilian justice remains under the jurisdiction of civilian courts.
With the 2026 Uganda general elections not too far ahead, the implications of the law could significantly influence the political climate and further decrease confidence in Uganda’s democratic institutions. While the government insists that the law is necessary for national security, critics argue that it sacrifices constitutional rights in favour of ruling political authority.
Featured image: Photo by Tingey Injury Law Firm on Unsplash
