Besigye Challenges re-enactment of the UPDF Act

 

Besigye contends that the new Act was passed hastily and irregularly, without allowing the public and other stakeholders to express their views. Along with his aide Hajji Obeid Lutale, he maintains that the Act completely disregards the orders of the Supreme Court issued in the January 2025 judgment regarding Michael Kabazigura, which specified the composition of the court.

 

The pair argues that although the members appointed to the General Court Martial are qualified lawyers, they do not qualify as judges since they have never practiced as advocates. 

 

Besigye is now seeking orders from the Constitutional Court to prevent the General Court Martial and all Division Courts Martial from handling cases involving civilians. He argues that these courts are composed of serving military officers whose allegiance lies with the High Command, which he claims undermines judicial independence.

 

In filing this petition to seek the nullification of the UPDF (Amendment) Act, Besigye, through his lawyer Elias Lukwago, expresses concern about the possible threat of being tried again before a court martial.

 

So far, Besigye and Lutale have spent 27 months in prison on charges of treason. They were first arraigned before the General Court Martial on November 16, 2024, before their case was transferred to the ordinary court system in the High Court.