Besigye, Lawyer Lutale Petition Court Over Return of Military Trials for Civilians

Kampala — Opposition politician Dr. Kizza Besigye and constitutional advocate Erias Lutale have taken a fresh legal step to block the renewed use of military courts to prosecute civilians, arguing that the practice is unconstitutional and threatens the country’s justice system.

The two petitioners have asked the Constitutional Court to intervene and stop what they describe as an unlawful expansion of the General Court Martial’s powers. In their filing, they argue that civilians should only be tried before ordinary courts, which they say offer stronger guarantees of fairness, transparency, and judicial independence.

They maintain that military tribunals are primarily designed to discipline members of the armed forces and should not handle civilian criminal matters.

According to the petition, the reinstatement of such trials risks undermining public trust in the rule of law and could open the door to abuse, particularly in politically sensitive cases.

The application also seeks temporary orders suspending any ongoing civilian proceedings before military courts until the Constitutional Court delivers a final ruling.

Besigye and Lutale want judges to clarify the limits of military jurisdiction and reaffirm constitutional protections for civilians.

Meanwhile, government and security officials have defended the continued use of military courts in certain cases, saying the tribunals help address crimes linked to national security, illegal weapons, and organised criminal networks with military connections.

Authorities argue that the courts operate within the legal framework and are necessary to ensure swift justice in complex security-related matters.

Legal observers say the outcome of the petition could significantly influence Uganda’s legal landscape by defining the boundaries between civilian and military justice systems.

Civil society organisations are following the case closely, with some expressing interest in participating to provide independent legal opinions.

The Constitutional Court is expected to review the matter soon and could issue interim directives depending on the urgency of the arguments presented.

The decision is likely to spark broader debate on human rights, security policy, and the role of military courts in Uganda’s justice process.