Besigye moves to block military court operations
The petitioners contend that the appointment of serving military officers as members of courts martial, without security of tenure and while subject to military command structure, undermines judicial independence and contravenes the constitution.
Four-time presidential candidate Kizza Besigye and is aide Haji Obeid Lutale have asked the Constitutional Court to suspend the court martial from sitting. (File photo)
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Incarcerated four-time presidential candidate Kizza Besigye and is aide Haji Obeid Lutale have asked the Constitutional Court to suspend the court martial from sitting, claiming it violates the Supreme Court pronouncement that outlawed civilian trial in the army court.
The petition was filed at the Constitutional Court on February 11, 2026, by lawyer Erias Lukwago, who is representing the accused persons who have spent over a year in Luzira Prison on charges of treason and misprison of treason. The new-look court martial starts February 12.
The duo filed the petition against the Attorney General, who is the principal legal adviser to the Government, saying they are aggrieved by the acts and omissions of Parliament in enacting the Uganda Peoples’ Defence Forces (Amendments) Act, 2025, and by several provisions thereof, which they claim are inconsistent with and contravene the Constitution.
The petitioners contend that the appointment of serving military officers as members of courts martial, without security of tenure and while subject to military command structure, undermines judicial independence and contravenes the constitution.
The petitioners seek orders that Parliament, by enacting the UPDF (Amendment) Act in disregard of and in defiance of the binding judgement and orders of the Supreme Court, acted in contravention of Articles 79 (3), 92 and 210 of the Constitution.
They have asked the court to nullify Sections 1 (P), 30, 35, 36, 38 and 45 of the UPDF (Amendment) Act, 2025.
The petitioners also seek a permanent injunction restraining the Attorney General, his agents, servants or any other persons acting under his authority from enforcing, implementing or giving effect to the impugned provisions of the UPDF (Amendment) Act, 2025.