NRM MPs propose civilians with illegal firearms be tried by military courts

By John Odyek

The National Resistance Movement (NRM) Parliamentary Caucus has endorsed fresh amendments to the Uganda People's Defence Force (UPDF) Amendment Bill, 2024.

The decision was made during a meeting on Friday (February 21) at State House, Entebbe, chaired by party chairman President Yoweri Museveni.

Attorney General Kiryowa Kiwanuka presented key proposals to the meeting regarding the new reforms.

Following the closed-door discussions, Government Chief Whip and chairperson of the NRM Parliamentary Caucus Denis Hamson Obua addressed reporters on what had transpired.

He was flanked by caucus publicity secretary Alex Kintu Brandon (Kagoma North County) and defence minister Jackson Oboth Oboth.

Obua said the meeting had resolved to revise the Bill in light of the landmark judgment delivered by the Supreme Court on January 31 this year.

That ruling declared that prosecuting civilians in military courts, including the General Court Martial, is unconstitutional, effectively nullifying such proceedings.

This decision followed an appeal by the Attorney General challenging a 2021 Constitutional Court ruling that had declared certain sections of the UPDF Act unconstitutional. These included Sections 2, 119, and 179.

Obua noted that the Bill had been withdrawn and will incorporate the Supreme Court’s interpretation of the law, ensuring the proposed amendments align with the highest court’s ruling.

The key proposals highlighted by Obua include:

▪️ Misconduct by serving military personnel: Military personnel accused of misconduct will be tried by military courts in the first instance, with the right to appeal to civilian courts.

▪️ Civilians possessing specified firearms illegally: Civilians caught with illegal firearms will be tried by military courts, with the right to appeal to civilian courts.

▪️ Appeals process: Provisions will be introduced to ensure there are rights of appeal from military court martial decisions to civilian courts.

Due to time constraints, the caucus postponed discussions on the revised budget priorities for the 2024/25 financial year to a later date.

Minister Oboth defended the amendments, stressing that martial law practices are similar across many countries and that military courts will include legal professionals, such as advocates, lawyers, and judges.

He clarified that the amendments are not aimed at prominent leaders or opposition politicians, such as Dr Kizza Besigye. 

Regarding the issue of individuals wearing military-like uniforms, Oboth explained that this matter would be addressed as part of the ongoing discussions on the amendments.