By URN
Retired Colonel Dr. Kizza Besigye and Haji Obeid Lutale have petitioned the Constitutional Court, challenging the constitutionality of the Uganda Peoples’ Defence Forces (Amendment) Act, 2025, seeking to nullify several of its provisions and permanently bar its enforcement.
The two petitioners, both described as long-standing political leaders and advocates for constitutionalism and the rule of law, filed the petition against the Attorney General, the principal legal adviser tothe government, under Articles 137(1) and (3) of the 1995 Constitution.
In their joint petition and supporting affidavits, Besigye and Lutale argue that Parliament acted in contravention of the Constitution by enacting the UPDF (Amendment) Act, 2025, in what they describe as a rushed, hasty, and irregular process, and in defiance of a binding Supreme Court decision that barred the trial of civilians in military courts.
The petition stems from events that date back to November 16, 2024, when Besigye and Lutale say they were abducted from Nairobi, Kenya, by security agents of the Ugandan government. According to the affidavits, the two were allegedly forcibly transferred to Uganda without a lawful extradition process and detained incommunicado at Makindye Military Barracks upon arrival in Kampala.
They state that on November 20, 2024, they were arraigned before the General Court Martial and charged under the UPDF Act, Cap 330, despite being civilians. The petitioners say they raised objections to being tried before a military tribunal on grounds that it lacked jurisdiction, independence, and impartiality, but their objections were dismissed.
On January 31, 2025, the Supreme Court delivered its judgment in Constitutional Appeal No. 2 of 2021, Attorney General versus Hon. Michael A. Kabaziguruka, unanimously prohibiting the trial of civilians before military courts and limiting the jurisdiction of such courts. Besigye and Lutale contend that this judgment was binding on all organs of the state.
However, on May 13, 2025, the Minister of State for Defence and Veteran Affairs tabled the UPDF (Amendment) Bill, 2025, before Parliament for first reading. Besigye and Lutale argue that the Bill was introduced with the clear intention of circumventing the Supreme Court decision by re-enacting provisions that had previously been declared unconstitutional.
According to the court documents, the Speaker referred the Bill to the Joint Committee on Defence and Internal Affairs and Legal and Parliamentary Affairs. The petitioners claim that the committee process was hurried and limited public participation, with only five individuals reportedly allowed to present views within a short period.
They further allege that committee proceedings were interrupted on May 17, 2025, following a ruling party caucus meeting and were never concluded. Despite objections that the report-writing process was incomplete, the Committee Chairperson presented the report to Parliament on May 20, 2025. Parliament is accused of dispensing with its Rules of Procedure, overruling objections and passing the Bill in circumstances the petitioners describe as unconstitutional.
The petition challenges several specific provisions of the UPDF (Amendment) Act, 2025, including Sections 1(p), 30, 35, 36, 38, and 45. The petitioners argue that these provisions widen the scope of “service offences,” re-establish the General Court Martial with broad jurisdiction, and create Unit and Division Courts Martial with powers to try civilians and non-disciplinary offences. They contend that subjecting civilians to military courts contravenes Articles 28(1) and 44(c) of the Constitution, which guarantee the right to a fair hearing before an independent and impartial court, as well as Articles 128 and 129, which provide for the independence and structure of the judiciary.
The petitioners, through their lawyers of Lukwago and Company Advocates, also argue that the appointment of serving military officers as members of courts martial, without security of tenure and while remaining under military command structures, undermines judicial independence. They further challenge provisions establishing a Directorate of Military Prosecutions and a Disciplinary Committee for judicial officers, arguing that these conflict with Articles 120, 146, and 259 of the Constitution.
Following the enactment of the law, members of the General Court Martial, Division Court Martial, and Unit Courts Martial were sworn in under the impugned Act. Brigadier General Tukachungurwa Richard was sworn in as Head of the General Court Martial alongside several senior and junior officers.
In their petition, Besigye and Lutale seek declarations that Parliament acted inconsistently with the Constitution and in defiance of the Supreme Court judgment. They are asking the Constitutional Court to nullify the contested sections of the UPDF (Amendment) Act, 2025, and issue a permanent injunction restraining the Attorney General and any government agents from enforcing or implementing the impugned provisions.
The lawyers led by Erias Lukwago, Besigye, and Lutale are also seeking costs of the petition.
The Constitutional Court is yet to set a hearing date to determine whether the amendments to the UPDF Act comply with the Constitution and whether Parliament acted within its mandate in reintroducing provisions relating to military trials of civilians.
The Petition by Lutale and Besigye comes at a time when the Court Martial is set to resume operations tomorrow, Thursday, after more than one year without any activities happening due to the Supreme Court Judgement.
Prosecution alleges that Dr. Besigye, together with his aide Hajj Obeid Lutale, organized campaigns aimed at overthrowing the government. The alleged activities reportedly took place in Kampala, Nairobi, Geneva, and Athens.
Dr Kizza Besigye is jointly charged with Obeid Lutale and Captain Denis Oola on treason charges for allegedly plotting to overthrow the government. Prosecutors allege that the trio held meetings in Geneva, Athens, Nairobi, and Kampala to solicit funds, acquire weapons, and organise paramilitary operations.
According to the state, Besigye allegedly met a Kurdish intelligence agent identified as Andrew Wilson (AW) and received $5,000 to facilitate the transport of 36 Ugandan recruits to Kisumu, Kenya, for military training. The recruits were reportedly intercepted and deported before the training began.
The prosecution further alleges that Besigye sought surface-to-air missiles, ricin poison, counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni. The state claims it has audio and video recordings, social media messages, immigration documents, and phone logs linking the accused to the alleged plot.
Besigye is expected to be tried back in the High Court Criminal Division before Judge Emmanuel Baguma on February 24th, 2026, on Treason charges
