“The quit outcomes of this petition will dangle a long way-reaching implications for Uganda’s democracy, human rights, and the guideline of law. Because the court deliberates on this topic, it might possibly be essential to attend in thoughts the guidelines of constitutional supremacy, judicial independence, and the safety of human rights,” Dr.Ssemugenyi identified.
Kampala, Uganda | THE INDEPENDENT | Dr. Dennis Daniel Ssemugenyi has filed a constitutional petition earlier than the Constitutional Court of Uganda, hard the currently enacted UPDF (Modification) Act, 2025. The petition alleges that the law is void ab initio ensuing from its violation of key constitutional principles.
The UPDF (Modification) Act, 2025 has been on the heart of controversy since its passage. The law enables navy courts to strive civilians, which the petitioner argue is a breach of the Structure’s guarantee of an even listening to earlier than an just and just civilian court. Additionally, the law’s passage has raised questions on the steadiness of energy between the navy and civilian establishments in Uganda.
The Attorney Frequent (sued as the main honest handbook of the authorities of Uganda and parliament ( sued as the legislative physique which enacted the impugned act) are the defendants.
Dr. Ssemugenyi, a human rights defender and public pastime suggest, in his petition contends that the UPDF (Modification) Act, 2025 offends the Structure in extra than one ways.
On the start set, he argues that the law’s provision permitting navy trials of civilians violates Articles 28(1) which guarantees an even listening to earlier than an just and just civilian court , 44(c) which makes the particular to an even listening to non-derogable, and 119, 120, and 126 which protects prosecutorial and judicial independence of the structure.
He adds that the act makes an attempt to undo old Supreme Court rulings, undermine the separation of powers under Articles 28, 126, and 128.
Furthermore, the petition highlights the squawk of electoral malapportionment, arguing that the law became passed by a parliament that does now no longer proportionately boom the Ugandan inhabitants, contrary to Article 63(3), which requires that, “every constituency shall contain as close to as which you would possibly furthermore consider an equal series of inhabitants” with the number now no longer exceeding or falling under the nationwide practical by extra than 15%.
“It became passed in a context the set constituency representation in Parliament is deeply imbalanced, and a gerrymandered electoral system has produced a two-thirds ruling celebration supermajority, no topic essential inhabitants disparities. I feel that such a law, passed under these stipulations, can now no longer think the sovereign will of the Ugandan of us,” he argues.
In accordance with Dr. Ssemugenyi, basing on the structure, every constituency will deserve to dangle roughly equal numbers of inhabitants. On the replacement hand, he says essential disparities exist, with some constituencies having as few as 59,000 of us while others dangle over 150,000.
“In accordance with Uganda’s projected 2025 inhabitants of 51.4 million and 353 constituencies, the nationwide quota is approximately 70,000 of us per MP.
On the replacement hand, some ruling celebration MPs boom constituencies with as few as 59,000 of us-that’s 15.7% deviation. Many Opposition MPs boom constituencies exceeding 150,000 of us-that’s a +114% deviation,” he observes.
Ssemugenyi contends that these imbalances undermine the theorem of equal suffrage and result in an artificial supermajority that facilitates the passage of contested legislation.
“Even with presidential assent, a law that contradicts the structure remains enviornment to judicial overview. Constitutional supremacy can now no longer be contrivance apart by political convenience,” he stresses.
He now wishes court to reveal the UPDF (Modification) Act, 2025 unconstitutional and void ab initii ; recognise that the most modern constituency framework does now no longer think the standard will of the of us; pork up the constitutional security that navy courts must now no longer strive civilians; and attend the enchancment of electoral and legislative reforms that honour the guidelines of equal representation and civilian rule.
“Right here is now no longer a deliver — it’s a patriotic responsibility. A restful but company stand for the structure, for justice, and for the Ugandan spirit of fairness. Right here’s what the petition stands for. And it’s a long way what I, too, stand for — a Uganda the set law, liberty, and management journey hand in hand,” Dr.Ssemugenyi, who says he’s a human rights defender and public pastime suggest acknowledged in an announcement at the moment after submitting the petition.
The case is anticipated to dangle essential implications for Uganda’s democracy and the guideline of law.
“The quit outcomes of this petition will dangle a long way-reaching implications for Uganda’s democracy, human rights, and the guideline of law. Because the court deliberates on this topic, it might possibly be essential to attend in thoughts the guidelines of constitutional supremacy, judicial independence, and the safety of human rights,” Dr.Ssemugenyi identified.
The Constitutional Court will now overview the petition and settle whether the UPDF (Modification) Act, 2025 is indeed constitutional. The quit outcomes of this case might perhaps be closely watched by Ugandans and global observers alike.
