A major constitutional crisis looms in Uganda as the Ministry of Defence and Veteran Affairs, through the Uganda People’s Defence Forces (UPDF) Department of Defence Public Information, has openly rejected a Supreme Court ruling delivered on January 31, 2025.
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In a statement issued by Brigadier General Felix M. Ku, the Director of Defence Public Information, the UPDF declared that it would not abide by the ruling, which upheld a Constitutional Court decision in Michael Kabaziguruka v. The State (Misc. Cause No. 5 of 2021). The ruling had raised critical questions about the jurisdiction of the General Court Martial in prosecuting civilians.
Brig. Gen. Ku stated that the ruling undermined the sacrifices of those who fought to liberate Uganda nearly four decades ago, vowing that, under the leadership of the Chief of Defence Forces, the military tribunal would continue its operations unfazed.
“We will not respect that ruling. The General Court Martial will proceed with all cases before it. We are above the Supreme Court, and nobody will compromise our work,” the statement read.
Most controversially, the statement threatened further actions, including the execution of retired Colonel Dr. Kizza Besigye and the arrest of prominent musician-turned-politician Robert Kyagulanyi, popularly known as Bobi Wine, whom the UPDF vowed to try before the Court Martial.
The UPDF’s defiant stance has sent shockwaves through Uganda’s legal and political circles, raising concerns about the erosion of judicial independence and the rule of law. Legal experts warn that this direct challenge to the Supreme Court could lead to a constitutional standoff between the judiciary and the military.
Meanwhile, Chief Justice Alphonse Owiny-Dollo, who was explicitly warned in the statement, has yet to respond. Political analysts fear this development could escalate tensions, with potential implications for Uganda’s stability and governance.
The Chief of Defence Forces, General Muhoozi Kainerugaba, has also publicly criticized the Supreme Court’s decision, which stripped military courts of their powers to try civilians.
On January 31, 2025, the highest court in Uganda ruled to immediately nullify all ongoing prosecutions of civilians in the General Court Martial, declaring them unconstitutional. The court also recommended amendments to the Uganda People’s Defence Force (UPDF) Act, which established the military courts.
In a speech during the 44th Tarehe Sita Day Celebrations on February 1, 2025, Gen. Muhoozi expressed his shock at the Supreme Court ruling, calling it “unfortunate and quite unacceptable,” adding that it could threaten the effective command, control, and administration of Uganda’s Defence Forces. He urged President Museveni to take swift action to address the matter, stating that the UPDF would not compromise its historical mission under any circumstances.
Gen. Muhoozi also mentioned that the UPDF was working closely with the Ministry of Defence and the Attorney General to ensure the necessary legislative amendments are made to address the mandate of the military court martial.
As Uganda prepares for the upcoming elections, the Chief of Defence Forces also assured the public that the military would remain on standby to maintain national security, particularly in the face of potential political instability.
President Museveni had previously expressed his dissatisfaction with the Supreme Court’s decision, criticizing the judges for what he described as a “wrong decision” and accusing them of being “foreign oriented.” Despite his earlier comments, he avoided addressing the issue directly during the Tarehe Sita Day celebrations, choosing instead to focus on encouraging economic development at the grassroots level.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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