JEEMA Slams UPDF Amendment Bill as Unconstitutional and Provocative

By Muhamadi Matovu | Wednesday, May 21, 2025
JEEMA Slams UPDF Amendment Bill as Unconstitutional and Provocative
The bill seeks, among other things, to revive the prosecution of civilians in military courts a move that blatantly contravenes the Constitution and is therefore provocative, prompting citizens to take steps to defend it

The Justice Forum (JEEMA) has condemned the passing of the Uganda People’s Defence Forces (UPDF) Amendment Bill, 2025, calling it unconstitutional, provocative, and a blatant attempt to revive the unlawful trial of civilians in military courts.

In a statement, JEEMA spokesperson Swaib Kaggwa Nsereko criticised the bill, initiated by the ruling National Resistance Movement (NRM), saying it undermines the authority of the Supreme Court and directly violates Article 92 of the Constitution.

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“The bill seeks, among other things, to revive the prosecution of civilians in military courts a move that blatantly contravenes the Constitution and is therefore provocative, prompting citizens to take steps to defend it,” Nsereko said.

Parliament passed the UPDF (Amendment) Bill on Tuesday, controversially expanding the jurisdiction of military courts to try civilians accused of crimes such as treason, aggravated robbery, and unlawful possession of firearms.

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However, JEEMA argues that the bill defies a landmark Supreme Court ruling delivered on January 31, 2025, which declared the trial of civilians in military courts unconstitutional and ordered the removal of legal provisions enabling such prosecutions.

“The Supreme Court was clear: trying civilians in military courts is impermissible. The court did not ask the government to reform the process it demanded its deletion,” Nsereko emphasised.

JEEMA maintains that the bill violates Article 92 of the 1995 Constitution, which prohibits Parliament from passing laws that overturn or interfere with judicial decisions.

“Parliament shall not pass any law that amends or repeals a judicial decision,” Nsereko said, quoting the constitutional clause. “By reviving the trial of civilians in military courts, the government is not only contravening a judicial ruling it is committing a constitutional breach.”

The party further accused the government of using the bill as a tool for political repression, particularly during election periods, to silence dissent and protect the regime from accountability.

“This is a deliberate strategy by the ruling party to intimidate and silence citizens who question misgovernance and rampant human rights violations,” the statement added.

JEEMA’s stance joins growing opposition from civil society, legal scholars, and political parties including the National Unity Platform (NUP), Forum for Democratic Change (FDC), and Alliance for National Transformation (ANT) who have all condemned the bill as a setback to human rights and judicial independence.

The bill gives military courts broad authority to try civilians in possession of restricted weapons or accused of collaborating with soldiers in serious crimes such as treason, aggravated robbery, or murder despite the Supreme Court’s recent directive transferring such cases to civilian courts. That ruling was seen as a significant win for judicial independence and the rule of law.

Opposition lawmakers accused the NRM of deliberately undermining that ruling in clear violation of Article 92.

“This is an attempt to legitimise illegitimacy,” said Leader of the Opposition in Parliament (LoP) Joel Ssenyonyi, who led a walkout from the plenary session. “The bill was rushed through Parliament and represents a draconian measure.”

Despite vocal resistance, the NRM used its numerical advantage to push the bill through under heavy security. Second Deputy Prime Minister Gen. Moses Ali made a rare appearance in the chamber, which critics interpreted as a sign of executive pressure. Sports Minister Peter Ogwang emotionally defended the bill, citing his personal experiences with insecurity in Karamoja.

On the same day, Parliament also passed the Political Parties and Organisations (Amendment) Bill, 2025, which limits public funding to political parties registered under the National Consultative Forum (NCF).

If signed into law, the amendment could effectively deny public funds to parties such as NUP, which are not affiliated with either the NCF or the Inter-Party Organisation for Dialogue (IPOD).

UPC President Jimmy Akena criticised the amendment, saying it was passed without adequate consultation. However, Democratic Party legal officer Kenneth Nsubuga welcomed the move, describing it as a step toward formalising IPOD’s legal framework. Attorney General Kiryowa Kiwanuka defended the bill, saying it aims to “reorganize and streamline” the NCF.

Both the UPDF and Political Parties bills now await President Museveni’s assent—an outcome widely expected, given the president’s public support for both pieces of legislation.

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