Leader of Opposition in Parliament (LOP), Hon. Joel Ssenyonyi, has sharply criticized the continued detention of civilians by the General Court-Martial, calling it an outright disregard of the Supreme Court’s authority and Uganda’s legal framework.
Speaking to the media on Wednesday, shortly after his visit to inmates most of whom were charged under the General Court Martial, Ssenyonyi referenced the landmark ruling by the Supreme Court delivered on January 31, 2024, which clearly stated that the General Court-Martial has no jurisdiction over civilians.
The ruling reaffirmed that the military tribunal was not a competent court of law for civilians, in line with both constitutional provisions and prior legal precedents.
“In fact, the General Court-Martial is not even supposed to be a court. So why are these people still being held in jail This matter was raised in Parliament and when Justice Minister Nobert Mao tabled a response, he seemed to be colluding with the the government’s decision especially now with the UPDF Act returning for amendment?” he said
He decried the ongoing detention of numerous civilians, despite the apex court’s clear pronouncement, describing the situation as a gross abuse of power and a violation of fundamental rights.
“The Supreme Court made it clear. These people should not be before the General Court-Martial, and yet they remain locked up. ” he said
Human rights advocates have since echoed the LOP’s concerns, calling for the immediate release of all civilians unlawfully detained under military jurisdiction, and demanding accountability from the security agencies and judicial officers responsible for defying the Supreme Court.
The Uganda Law Society has also previously warned that failure to implement court rulings undermines the rule of law and sets a dangerous precedent in the administration of justice.
Justice and Constitutional Affairs Minister Norbert Mao recently informed Parliament that the government is working on amending the Uganda Peoples’ Defence Forces (UPDF) Act to comply with a 2021 Supreme Court ruling that declared the trial of civilians in military courts unconstitutional.
The new UPDF (Amendment) Bill, 2025, drafted by the First Parliamentary Counsel, is currently under review by the Ministry of Defence. Once approved, it will be submitted to Cabinet and then presented in Parliament.
This Bill replaces the withdrawn UPDF (Amendment) Bill, 2024, and integrates key constitutional guidance from the Attorney General vs Hon. Michael Kabaziguruka case, which emphasized the right to a fair trial before an independent court under Article 28 of the Constitution.
The proposed law addresses court martial structure, military jurisdiction, exceptional circumstances for trying civilians, and the handling of military equipment and appeals.
Mao also revealed that 423 cases involving civilians in military courts have been identified for possible transfer to civilian courts, following a directive from the Attorney General. The Office of the DPP has already received 45 such cases from the Ministry of Defence.
