Liberating Justice from Military Overreach: An Analytical Perspective on Uganda’s Struggle for Constitutional Autonomy

By Oweyegha Afunaduula, Analysis Contributor – Uganda Today

In a sweeping critique of Uganda’s post-liberation trajectory, Professor Oweyegha Afunaduula’s  essay, Uganda: What Does Liberating Justice from the Military Mean?, offers a comprehensive analysis of how decades of military influence and executive overreach have distorted the nation’s civic and judicial landscapes. As Uganda marks the symbolic judicial liberation on January 31, 2025, with the Supreme Court’s decisive move to bar military courts from trying civilians, Afunaduula’s insights prompt us to question not only the present legal reforms but the historical capture of Ugandan governance and society.

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Historical Shadows: The Legacy of a “Liberation”

Afunaduula opens his essay by challenging the conventional narrative of Uganda’s liberation—a process purportedly led by a diverse coalition that included refugees and their descendants. He argues that, rather than being a unifying force for national development, the liberation was exploited to seize the instruments of power. According to Afunaduula, the celebrations since 1986 have masked a darker reality: the consolidation of power by exogenous groups who have, over time, subdued alternative political voices and permeated every sphere of Ugandan life. This historical backdrop sets the stage for understanding the persistent militarization of state institutions, including the judiciary.

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The Military’s Grip on Justice

Central to Afunaduula’s analysis is the critique of Uganda’s use of military courts to try civilians—a practice that has not only undermined the rule of law but also served as a tool for political repression. Citing past instances, including the controversial trial of individuals for crimes ranging from armed offenses to cattle rustling in regions like Karamoja, the professor underscores that these courts have routinely violated international standards of competence, impartiality, and the right to a fair defense. The Supreme Court’s ruling on January 31, 2025, which mandated the immediate cessation of military trials for civilians and the transfer of ongoing cases to civilian courts, is thus portrayed as a long-overdue corrective measure.

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Beyond Legal Reforms: A Call for Structural Transformation

While the Supreme Court’s intervention marks a significant milestone, Afunaduula warns that this decision is merely “a drop in the ocean” when juxtaposed with the broader spectrum of Ugandan governance. He argues that true liberation must extend beyond judicial reforms to encompass every civic space—intellectual, political, economic, cultural, and beyond—that has been subjugated under the weight of executive and military dominance. This structural capture, he contends, has led to an erosion of constitutional principles, where President Tibuhaburwa Museveni’s unchecked authority has blurred the lines between governance and oppression.

In this context, Afunaduula’s critique resonates with a broader call for an overhaul of the 1995 Uganda Constitution. By centralizing power in the hands of one individual, the current constitutional framework has enabled the ongoing militarization and depoliticization of society. Liberating justice, therefore, is intrinsically linked to a comprehensive reformation of the nation’s constitutional and legal foundations—a process that must be championed not only by the judiciary but also by a liberated legislature.

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The Ideological Imperative: From Oppression to Liberation

Drawing on philosophical insights from figures such as Paul Kivel and Cornell West, Afunaduula posits that anger and oppression can either be harnessed as forces for constructive change or spiral into cycles of violence and self-destruction. True social justice, he argues, is “what love looks like in public”—a notion that calls for a transformation of minds and institutions alike. This ideological shift, from accepting a militarized judicial system to demanding fairness and equity, is central to the long-term survival and development of Uganda.

By framing the Supreme Court’s ruling as not just a legal victory but as a step toward a broader social and political liberation, Afunaduula challenges Ugandans to rethink the very fabric of their society. Education on oppression, diversity, equity, and inclusion must become integral to this transformation, ensuring that future generations can recognize and dismantle the remnants of a system that has long favored a select few over the many.

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Concluding Reflections

Professor Oweyegha Afunaduula’s analytical treatise serves as both a historical document and a call to action. The Supreme Court’s decision on January 31, 2025, while monumental, is only the beginning of a journey toward reclaiming Ugandan justice from decades of military and executive overreach. True liberation, as Afunaduula reminds us, demands an internal revolution—a reshaping of societal values that prioritizes genuine accountability, equity, and the rule of law over the remnants of a long-entrenched system of control.

As Uganda stands at this critical juncture, the path forward must be guided by an unwavering commitment to transforming every facet of civic life. Only then can the nation truly celebrate a liberation that honors both its past struggles and its future aspirations.

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Further Reading:

• Edwards, Keith (2015). From Anti-Oppression to Liberation Social Justice Education.
• Human Rights Watch (2025). Uganda: Supreme Court Bans Military Trials of Civilians.
• Lindsay Majer (2019). Liberation from the Inside Out.
• Oweyegha-Afunaduula (2024). The Military Capture of Uganda’s Civic Space.

For more in-depth analysis on Uganda’s legal and political transformations, visit www.ugandatoday.co.ug.