Kampala, Uganda — Veteran opposition politician Dr Kizza Besigye and human rights lawyer Erias Lutale have petitioned the Constitutional Court, challenging the government’s decision to allow civilians to be tried in military courts, arguing that the move violates constitutional protections and undermines the right to a fair hearing.
In a joint application filed in Kampala, the two contend that permitting the General Court Martial to prosecute civilians contradicts established legal principles and past court rulings, which limited military courts to disciplinary matters involving members of the armed forces.
They argue that civilians should only be prosecuted in ordinary civilian courts, which provide stronger procedural safeguards and greater judicial independence.
The petitioners further maintain that military courts are structurally part of the executive arm of government and therefore lack the impartiality required to fairly handle civilian cases.
According to the application, the reinstatement risks weakening public confidence in the justice system and could expose political opponents, activists, and other civilians to unfair prosecution.
Besigye and Lutale, through their legal team, are seeking interim orders to stop any ongoing or planned civilian trials before military tribunals until the Constitutional Court rules on the legality of the decision. They are also asking the court to issue a permanent declaration defining the constitutional limits of military jurisdiction.
The legal challenge comes amid renewed national debate on security and justice reforms, with critics accusing authorities of using military courts to fast-track sensitive cases involving civilians, including political actors and suspected security offenders.
However, government officials and security agencies have defended the arrangement, arguing that certain offences—especially those involving firearms or national security—require specialised handling under military systems.
Legal observers say the petition could have major implications for Uganda’s justice system, potentially redefining the balance between national security concerns and the protection of civil liberties.
Civil society organisations have reportedly expressed interest in joining the case as friends of the court, citing its wider public importance.
The Constitutional Court is expected to fix hearing dates in the coming weeks as both sides prepare for what is anticipated to be a landmark legal battle on civilian rights and the scope of military courts in Uganda.
