The Uganda Law Society (ULS) has petitioned the East African Court of Justice (EACJ) over the continued trial of civilians in military courts, accusing the State of defying binding Supreme Court decisions and undermining constitutional governance.
The petition comes a day after members of General Court Martial were sworn in following their appointment by President Museveni.
The ceremony was presided over by the Principal Judge, Ms. Jane Frances Abodo. Those sworn in included Brig. Gen. Richard Tukacungurwa, the chairperson of the General Court Martial, Col. Simon Tusah Wankandya, Col. Asha Patra, Col. Fredrick Kangwamu, and Col. Raphael Mugisha. Others were Lt. Col. Mohammedie Nasser Igambi, Maj. Samuel Moses Amodoi, Maj. Emmanuel Arihaihi, Maj. Abubaker Nyombi, and Maj. Denis Chemtai.
The appointments followed the Uganda People’s Defence Forces’ (UPDF) decision to reconstitute the General Court Martial and other divisional military courts, a move ULS says directly contradicts a Supreme Court ruling that barred the trial of civilians by military tribunals.
‘In pursuit of accountability, we have filed Reference No. 14 of 2025, ULS v Attorney General, before the East African Court of Justice, seeking regional intervention and demanding that the Government of Uganda takes meaningful steps to comply with the Supreme Court’s decree and the Treaty for the Establishment of the East African Community,’ Mr. Isaac Ssemakadde, ULS president, said.
He added, ‘The reconstitution of the General Court Martial with criminal jurisdiction over civilians, coupled with public statements by senior military officers endorsing the practice, amounts to an abrogation of the constitutional order.’
Mr. Ssemakadde cited the Supreme Court decision in Kabaziguruka v Attorney General (Constitutional Appeal No. 2 of 2021), in which the court ruled that the General Court Martial is not a competent court within the meaning of the Constitution and lacks the independence and impartiality required to try civilians, effectively nullifying all such trials.
Despite the ruling, Parliament on May 20, 2025, passed the UPDF (Amendment) Act, which continues to permit the trial of civilians before military courts. ULS argues that the law violates the principle of constitutional supremacy and the doctrine of separation of powers.
‘Supreme Court judgments are final and binding on all organs of State, including the Executive, Parliament, and the military, and cannot be circumvented through legislative or administrative action,’ Mr. Ssemakadde said. ‘Court decisions are not optional, especially when they restrain State power. Where the Supreme Court has spoken, compliance is mandatory,’ he added.
The lawyers’ body also expressed concern over what it described as judicial inaction, noting that the Supreme Court has declined to hear applications for contempt of court arising from the Kabaziguruka decision, while the Constitutional Court has delayed hearing petitions challenging the UPDF (Amendment) Act. According to ULS, the delays have denied Ugandans a timely and effective forum to challenge what it calls an unconstitutional law.
Mr Ssemakadde warned that ULS would not remain silent in the face of what he termed growing impunity and said the society would pursue non-judicial avenues to defend constitutionalism if judicial remedies continue to be delayed or denied.