Jailed opposition strongman Dr. Kizza Besigye and his co-petitioner Obed Lutale have filed a constitutional petition challenging the re-enactment of the UPDF law they say had previously been nullified by the Supreme Court. President Yoweri Museveni assented to the UPDF (Amendment) Act, 2025 on June 12, 2025. The law, which was passed by Parliament on May 20, 2025, […]
Jailed opposition strongman Dr. Kizza Besigye and his co-petitioner Obed Lutale have filed a constitutional petition challenging the re-enactment of the UPDF law they say had previously been nullified by the Supreme Court.
President Yoweri Museveni assented to the UPDF (Amendment) Act, 2025 on June 12, 2025. The law, which was passed by Parliament on May 20, 2025, follows a Supreme Court ruling from January 2025 regarding the trial of civilians in military courts. It officially formalizes the military court system and addresses matters related to veterans and the Special Forces Command.
According to their legal team, the petition was finalized and filed after the two petitioners signed sworn affidavits while in detention last week. The affidavits were subsequently commissioned by a Justice of the Peace, paving the way for the formal filing of the petition.
A Justice of the Peace (JP) in Uganda is responsible for administering oaths, certifying documents, taking affidavits, and granting bail. They are often senior prisons officers, facilitating access to justice for inmates.
The petition raises several grounds, chief among them allegations that Parliament and the Executive acted unconstitutionally by re-enacting legislation that had already been nullified by the courts.
The petitioners argue that Parliament passed a law that is substantially identical in both spirit and letter to an earlier statute that had been struck down by the Constitutional Court and upheld by the Supreme Court.
Through their lawyer Lukwago Erias, they contend that the re-enactment violates Article 92 of the Constitution, which bars Parliament from passing laws intended to overturn or circumvent court decisions.
“When you compare the law that was nullified by the Supreme Court and the newly enacted one, they are pari materia, the same in spirit and letter,” Lukwago said
He added that the law was subsequently assented to by President Yoweri Kaguta Museveni despite its alleged unconstitutionality.
The petition also challenges the legislative process through which the law was passed. The petitioners accuse Parliament of having rushed the bill through the House, claiming that Members of Parliament were stampeded into passing it after parliamentary rules of procedure were suspended.
They further argue that there was no meaningful debate, and that the parliamentary committee tasked with scrutinizing the bill conducted what they described as superficial work.
According to the petition, the bill was referred to committee after its first reading but was processed within just two to three days, without adequate scrutiny or stakeholder engagement.
The petitioners also fault the committee for failing to invite public input, including from political parties and other key stakeholders who, they argue, were directly affected by the legislation.
They claim that several critical individuals who ought to have appeared before the committee were never summoned, denying them the opportunity to present their views.
The matter now awaits allocation and hearing by the Constitutional Court.
