By Angel Lubowa
KAMPALA
FOLLOWING the NRM caucus directing of the Attorney General to introduce amendments to the UPDF Act to overcome recent Supreme Court ruling barring military courts from trying civilians, some legal brains have warned that the move is inconsequential.
They said the court simply said that the court martial system and method of work was unconditional.
“I taught our Attorney general, Mr Kiryowa Kiwanuka Law and I just wonder why he couldn’t advise the caucus rightly. The supreme court ruling in summary condemned the court martial to being unconstitutional.
Therefore no amendments can turn this” said senior counsel Yusuf Nsibambi and MP Mawokota South.
Nsibambi who doubles as FDC chief whip in.parliament and FDC vice person in Buganda was speaking on CBS FM Saturday panel of ” palamenti yaffe” how hosted by Meddi Nsereko Ssebuliba.
He said after the court martial was named unconditional it was as good as dead and there is little chances of resurrecting it save for possibly a national referendum .
He said the NRM Caucus may make amendments which they are bound to oppose on the floor of Parliament and if NRM uses it’s numbers to pass it they will again run back to courts.
Before Hon Nsibambi’s threats, Kampala Lord mayor, Hajj Erias Lukwago another student of Nsibambi and senior Lawyer had also warned that no amendments would salvage the Court Martial from the supreme court ruling.
But the government chief whip Hon Denis Hamson Obua told Media that during the NRM Caucus meeting at State House Entebbe on Friday, the President alongside senior government officials and NRM lawmakers, resolved that the current UPDF Amendment Bill before Parliament be withdrawn to allow for comprehensive revisions aligned with the Supreme Court’s directives.
The caucus decision follows the January 31, 2025, Supreme Court ruling, which declared that the General Court Martial (GCM) has no jurisdiction over civilians, effectively nullifying all civilian cases before military courts.
To ensure compliance with the court ruling, the NRM lawmakers agreed that Attorney General should be given time to draft fresh proposals into a new UPDF Amendment Bill that will be presented in an Extraordinary Caucus meeting before being reintroduced in Parliament.
However Hon Nsibambi and Lukwago wondered why the government was not fleeing Dr Kiiza Besigye, Hajj Obeid Lutale and other NUP members and civilians being held under the Court Martial directives following the ruling instead of the awaited amendments and machinations.
Lukwago and others said they had moved to courts to demand their release.
During the Saturday panel, Buvuma MP Robert Migadde a member of the NRM Caucus said their motive was to ensure court martial operates Within the laws.
” We didn’t discuss much on this matter, we simply agreed with the president’s call for amendments to suit the supreme court ruling” said Migadde.
Hon Lukyamuzi Kalwanga the NUP MP for Busujju warned that the ruling was set to benefit the NRM government in case the same court ruled in it’s favor in future political battles as the opposition may have no grounds to accuse it of biasness.
The NRM Caucus meeting deliberated on several legal and structural aspects of the military court system, including appointment of Lawyers in UPDF Courts, ensuring it gets professional legal representation, terms of service and the possibility of separating UPDF’s disciplinary mechanisms from the judicial functions of the Court Martial.
During the supreme court ruling, some judges advised that the court martial needed an overhaul and made part of the high court divisions to gain acceptability
President Museveni recently rebuked the ruling of the Supreme Court calling it “wrong,” adding that Uganda is not “governed by judges.”.
“This is a method which we the freedom fighters support because it reinforces the Civilian Judicial System to defend the lives of our People against Criminals armed with guns. If you are not a soldier, why do you arm yourself with guns and, moreover, for criminal purposes and illegally, that are a monopoly of the Armed Forces?” Museveni said in a statement.
Similarly, Gen Muhoozi Kainerugaba the chief of defense forces while speaking during Tarehe Sita celebrations in Kyotera also bashed the ruling saying it was unacceptable and unfortunate.
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