Kampala Lord Mayor, Erias Lukwago, has petitioned the Constitutional court challenging the legality of the General Court Martial as established under the UPDF Act, 2025.
Lukwago, who addressed journalists at the Judiciary headquarters, said he had received instructions from Dr Kizza Besigye and Obeid Lutale, who are currently on remand at Luzira prison, to seek the nullification of several provisions of the amended law.
“We have got instructions from Col retired Dr Kizza Besigye and his co-accused Obeid Lutale to petition the Constitutional court against sections 1(p), 30, 35, 36, 38 and 45 of the Uganda People’s Defence Forces (Amendment) Act, 2025 to be nullified,” Lukwago said.
The petitioners are also seeking a permanent injunction restraining Attorney General Kiryowa Kiwanuka, his agents or any other persons acting under his authority from enforcing or implementing the contested provisions of the Act.
In their petition, accompanied by sworn affidavits, Besigye and Lutale argue that Parliament processed and passed the UPDF (Amendment) Act, 2025 in a hasty and irregular manner without granting the public and interested parties a reasonable opportunity to participate.
They contend that this contravened Articles 8A, 38(1) and 79 of the Constitution.
The petition challenges section 1(p) of the amended Act, which widens the scope of service offences. The petitioners contend that the provision is inconsistent with Articles 28(1), 44(c), 139 and 210 of the Constitution.
Sections 30, 35, 36 and 45 are also under attack. According to the petitioners, these provisions alter, reverse or re-enact sections of the law that were previously nullified by the Supreme Court, contrary to Articles 79(3) and 92.
Lukwago said section 30 is unconstitutional to the extent that it subjects civilians to military courts, which he argued contravenes Articles 28(1), 44(c), 128, 129 and 210.
Sections 35 and 36, which establish unit and division courts martial with jurisdiction to try civilians and non-disciplinary offences, are similarly challenged for allegedly violating Articles 28(1), 44(c), 128, 129 and 210.
The petition also questions section 38, which establishes the General Court Martial with what the petitioners describe as broad and unlimited jurisdiction to try civilians and non-service offences. They argue that this contravenes Articles 129, 139, 28(1) and 44(c).
Lukwago further contends that the military courts established under sections 35, 36 and 38 lack the institutional independence and impartiality required to guarantee a fair hearing, contrary to Articles 28(1), 44(c), 128 and 210.
The petitioners also challenge the appointment of serving military officers as members of courts martial without security of tenure and while subject to military command structures. They argue that this undermines judicial independence and contravenes Articles 128 and 129 of the Constitution.
They add that subjecting members of military courts to both the oath of allegiance and the judicial oath for military officers is inconsistent with Articles 28(1), 44(c) and 128.
Section 45, which establishes the Directorate of Military Prosecutions, is also contested. The petitioners argue that it contravenes Articles 120 and 259 of the Constitution. They further contend that provisions establishing a disciplinary committee for judicial officers under the same section are inconsistent with Articles 28(1), 44(c), 128, 146, 210 and 259.
The petition comes three months after President Museveni appointed Brig Gen Richard Tukachungurwa as head of the GCM under thr amended UPDF Act
Other members of the GCM are; Col Simon Wankandya, Col Asha Patra, Col Fred Kangwamu, Lt Col Nasser Igambi Drago, Maj Samuel Moses Armodoi, Maj Emmanuel Arihaihi, Maj Abubaker Nyombi and Maj Denis Chemtai.
