Uganda Today: Dr. Dennis Ssemugenyi Files Landmark Petition to Nullify Uganda People’s Defence Forces (Amendment) Act, 2025
— Constitutional Court asked to quash law expanding military courts’ jurisdiction over civilians
By Uganda Today Reporter
www.ugandatoday.co.ug | June 28, 2025
KAMPALA — In what is being described as a landmark constitutional challenge, distinguished human rights advocate and constitutional law scholar Dr. Dennis Daniel Ssemugenyi has petitioned the Constitutional Court to nullify the Uganda People’s Defence Forces (Amendment) Act, 2025, citing grave constitutional violations.
The petition, filed on June 24, 2025, takes direct aim at Section 3 of the controversial amendment, which empowers military courts to prosecute civilians in select instances. Dr. Ssemugenyi argues that this provision, and the circumstances surrounding its enactment, fundamentally threaten the rule of law, civilian supremacy, and the integrity of Uganda’s democratic order.
Key Constitutional Questions Raised
The petition, which names the Attorney General as respondent, raises two central constitutional concerns:
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Militarisation of Justice:
At the heart of the suit is the expansion of military court jurisdiction under the new amendment. Section 3 vests General Court Martial and other military tribunals with authority to try civilians accused of offences deemed to have a “military character”, including possession of classified weapons, undermining military morale, and endangering national security.Advertising
Dr. Ssemugenyi contends that this violates Article 28 of the 1995 Constitution, which guarantees the right to a fair, impartial, and independent trial before a competent court even in times of emergency. “Military courts are organs of command, not justice,” he states in his affidavit. “Trying civilians in such fora amounts to a systematic denial of civilian legal protections and compromises judicial independence.”
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Illegitimacy of the Enacting Parliament:
In a bold second limb of the petition, Dr. Ssemugenyi challenges the constitutional composition of the 11th Parliament itself, asserting that the law was enacted by a malapportioned legislature. He argues that Uganda’s current electoral map grossly violates the ‘one person, one vote’ principle, with disproportionately weighted constituencies that erode equal representation.The petition further notes that Parliament’s legitimacy is tainted by systematic exclusion of opposition voices, rampant gerrymandering, and overrepresentation of military interests through UPDF MPs — creating a democratic deficit that calls into question the validity of laws passed under such a framework. Article 63 of the Constitution of Uganda outlines the requirements for establishing constituencies. Specifically, it mandates that Uganda be divided into constituencies for the election of Members of Parliament, and that one Member of Parliament represents each constituency. The number of constituencies is determined by Parliament, and the Electoral Commission is responsible for demarcating them, taking into account factors like population, communication, and geographical features.
Petitioner Profile: A Scholar-Turned-Crusader
Dr. Dennis Daniel Ssemugenyi is a revered public advocate and a researcher in constitutional law studies and former legal advisor to several international human rights organisations. Known for his unwavering advocacy for constitutionalism, his petition marks a significant escalation in legal opposition to the increasing securitisation of Uganda’s civic space.
“Ugandans are witnessing a dangerous shift where military power is being normalised in civilian life,” he told Uganda Today in an exclusive post-filing interview. “This amendment is not just bad law. It is a constitutional time bomb.”
Reliefs Sought by the Petitioner
In his petition, Dr. Ssemugenyi asks the Constitutional Court to:
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Declare the entire Uganda People’s Defence Forces (Amendment) Act, 2025 unconstitutional and void, for violating fundamental human rights, separation of powers, and rule of law principles;
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Issue a permanent injunction restraining military courts from exercising jurisdiction over civilians;
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Order comprehensive electoral reforms to address population disparities, restore parliamentary legitimacy, and guarantee equal representation;
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Award costs of the petition to the petitioner.
Broader Implications: Test Case for Civil-Military Relations
Legal analysts and civil society groups are closely watching this case, seeing it as a critical test of Uganda’s constitutional guardrails. The recent surge in military influence over civic affairs — including arrests of journalists, activists, and political opponents by military operatives — has drawn increasing condemnation.
“If the Constitutional Court fails to stand firm on this matter, Uganda risks sliding further into authoritarian legalism, where the form of legality masks its substance,” remarked Kakwenza Rukirabashaija- a Ugandan novelist, lawyer and a prolific writer now exiled in Germany.
Government Response Pending
As of publication, the Attorney General’s office has not yet filed a response. However, a senior government source who preferred anonymity stated that the amendment was “necessary to protect national security in a volatile region” and dismissed the petition as “academic grandstanding.”
Conclusion: A Battle for Uganda’s Legal Soul
Dr. Ssemugenyi’s constitutional petition is not just a legal action — it is a moral clarion call for Uganda to reassess the balance between security and liberty, law and power, Parliament and people. The coming weeks will determine whether the judiciary is willing to confront the legal overreach of the legislature and military, or whether this amendment will mark another step in Uganda’s descent into militarised governance.
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