Jailed opposition political figure Retired Colonel Dr Kiiza Besigye has petitioned the Constitutional Court challenging the re-enactment of the UPDF Act, which he says re-establishes the General Court Martial with broader jurisdiction to try civilians and non-service offences.
Besigye argues that the new law was passed hastily and in an irregular manner, without giving the public and other stakeholders an opportunity to present their views.
Together with his aide, Hajj Obeid Lutale, Besigye maintains that the amended Act disregards orders issued by the Supreme Court in the January 2025 Michael Kabazigura judgment, which gave specific directives regarding the composition and operation of the General Court Martial.
The two contend that although members appointed to the General Court Martial are qualified lawyers, they do not qualify to serve as judges because they have never practiced as advocates.
Besigye is now seeking orders from the Constitutional Court stopping the General Court Martial and all Division Court Martials from handling cases involving civilians.
He argues that the courts are composed of serving military officers whose allegiance lies with the High Command, a situation he claims undermines judicial independence.
Through his lawyer, Elias Lukwago, Besigye says the petition seeks nullification of the UPDF (Amendment) Act, citing what he describes as a looming threat of being returned, together with other civilians, to face trial before the Court Martial.
Besigye and Lutale have so far spent 27 months in prison on charges of treason. The pair was first arraigned before the General Court Martial on November 16, 2024, before their case was later transferred to the High Court in the civilian justice system.
Details to follow
