The Erosion Of Rule Of Law: Uganda’s Long Reign Of Presidential Power

Uganda Today Edition: The Erosion of Rule of Law: Uganda’s Long Reign of Presidential Power

In the heart of Africa, a nation once filled with hopes of democratic progression, a different narrative unfolded—a story of the erosion of the rule of law under the shadow of a single man’s prolonged rule. For 38 years, President Yoweri Museveni has held the reins of power, but rather than fostering democratic principles, his regime has seen a steady decline in adherence to constitutional norms, with examples abound of nepotism, military interference in politics, and the suppression of dissent.

A stark illustration of this erosion lies in not only the case of General Muhoozi Keinerugaba, the son of President Museveni, but in many several other cases. Despite Uganda’s constitution explicitly barring serving members of the Uganda People’s Defence Forces (UPDF) from engaging in partisan politics, General Muhoozi has openly involved himself in political affairs for three consecutive years. His actions not only flout the constitutional provisions but also underscore the impunity with which those close to power operate, shielded by familial ties.

The pattern of familial favoritism stretches back decades. In the 1990s, President Museveni appointed his younger brother, General Salim Saleh, as a minister, despite Saleh’s lack of the required advanced level of education mandated by the constitution. This appointment, though in the first place was rejected by Saleh himself, who opted to go back to school and attain the requisite advanced level of education, was a clear violation of constitutional norms, that set a precedent for the normalization of nepotism within Uganda’s corridors of power.

Due to this Incident, the president in the later years, up to present got the impetus of appointing his wife, as minister to one of the most crucial ministries (education), his bother Salim Saleh as the Chief Executive officer of Operation Wealth Creation, one of the heavily budgeted for government parastatal, his son general Muhoozi Kainerugaba was irregularly conscripted in the army, indeed in 1999, when now retired Dr. Kizza Besigye pointed out this anomaly deliberately orchestrated by president Museveni, he was accused of fostering disunity in the army and subjected to army court martial!. The President Son in law Odrek Rwabwogo is a special advisor to the president with government budget for execution  expenditures.

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Moreover, President Museveni has strategically maintained 10 army representatives in the country’s parliament, ostensibly to bolster his numerical advantage in contentious votes. These representatives, handpicked by the commander in chief himself, are not independent actors but instruments of the executive’s will. They are directed to vote in alignment with the president’s desires, effectively turning the parliament into a rubber stamp for executive decisions.

Colonel Bogere’s case epitomizes the consequences of defiance within this system. When Bogere dared to deviate from President Museveni’s directive by not voting in favor of removing presidential term limits, he faced swift retribution. His principled stance against the erosion of democratic norms cost him his position, as he was summarily forced to resign and replaced with a more compliant figure. This chilling example served as a stark warning to those within the military and political spheres who dare to challenge the status quo.

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Colonel Fred Bogere, Who later in 2018, gave an interview to the Observer Newspaper, revealed how the president vowed to neutralise him. Below are excerpts of the observer“There was too much pressure on me that I must come out and correct what they considered a mistake. I said I can’t do that. When I refused, the pressure intensified to the extent that my close friends and relatives were used. I got attacks from everywhere; external and internal,” he said.

He said he was summoned by the president and the late Gen Aronda Nyakairima, former chief of defence forces. He said during the meeting with the president in Mbale, the head of state warned that Bogere and his “legalistic mentality would be neutralised.”

In the wide-ranging interview, which will run in three parts, Bogere spoke about betrayal of the country by its leadership and how Uganda is teetering towards chaos and conflict as marauding gangs grab control over whatever is left of the state.

He said that what happened 2017 when the elite force which protects President Museveni, the Special Forces Command, stormed parliament, attacked and violently dragged out opposition MPs, is the darkest moment in Uganda’s history.

“It was a terrible abuse of authority, it was a terrible insult to this country; I don’t think we can ever have a leading case of abuse of power than that one….” Bogere said. “There is no doubt the constitutional order was overthrown”. 

“I don’t know whether it’s a military junta or what but what is available now is a coup.”

“I must confess that I felt betrayed and up to now I feel betrayed. You know we are not here to stay perpetually, the only constant is change and indeed it will come. Unfortunately, we squandered the opportunity of being part of that change. If change had come and it was attributed to the foundation work we had done, I would be a very happy person.”

Colonel Fred Bogere

In the face of these systemic abuses, the rule of law in Uganda stands weakened, overshadowed by the entrenched power of a single individual and his loyalists. The constitution, once envisioned as a safeguard against authoritarian tendencies, now serves as little more than a facade, easily disregarded by those in positions of authority. The legacy of President Museveni’s reign may be one of economic growth and stability, but it is marred by a persistent erosion of democratic norms,  and institutional integrity plus human rights abuse. Until there is a concerted effort to restore the rule of law and democratic principles, Uganda’s journey towards true democracy will remain stalled, trapped beneath the weight of presidential power which is unchecked.

Ever Since President Museveni decided to remain president after capturing power in 1986, since 1996, after holding the helm of power for 10 years, he opportunistically decided to stage intermittent 5 years charade presidential elections where on all occasions, save for that of 1996, he has been dragged to court by his former political commissar,  bush war doctor and minister retired colonel Kizza Besigye who rivaled him for 20 years. His former Prime Prime Minister Amama Mbabazi did the same in 2016 and the most recent in 2021, Robert Kyagulanyi Ssentamu a former musician turned politician did the same, only that for him he, withdrew the case pointing out the compromising position the president had subjected to the justices of the court particularly the Chief Justice who were to pronounce themselves on the case.

It should be noted since the first presidential court petition that was filed in 2001, court  ordered the executive to institute electoral  and constitutional reforms, which president Museveni has adamantly ignored. He pretty knows that these reforms would deprive him of the powers to appoint the independent electoral commissioners and justices who preside over elections and electoral petitions respectively.