As Uganda prepares for the January 2026 general elections, Uganda’s military courts have once again emerged as a frontline weapon in the government’s crackdown on dissent. Despite a landmark Supreme Court ruling declaring the practice unconstitutional, the state continues to prosecute civilians in military tribunals, further deepening concerns over human rights violations and judicial independence.
Extraordinary Rendition and the Militarisation of Justice
On November 16, 2024, opposition leader Kizza Besigye and his aide Obeid Lutale were abducted from Nairobi, Kenya, and brought to Uganda, where they were arraigned before a military court. Their forced return violated international laws on due process and extraordinary rendition. Their case, heavily criticized by human rights advocates, sparked both national and international outrage.
Despite the pressure, Ugandan authorities remained defiant. The case was seen as part of a broader campaign to intimidate opposition figures ahead of the polls.
“Far from silencing critics, these trials have fueled national debate about the abuse of military courts,” said Amnesty’s Tigere Chagutah.
Defying the Supreme Court
On January 31, 2025, Uganda’s Supreme Court ruled that trying civilians in military courts is unconstitutional, ordering an immediate transfer of such cases to ordinary courts. However, President Yoweri Museveni and his son, General Muhoozi Kainerugaba, have insisted on continuing the practice.
Besigye began a hunger strike to protest the delays in enforcing the court’s decision. Although he and Lutale were eventually moved to a civilian court on February 21, they remain detained, as does their lawyer.
“Today it is happening to Dr Besigye, tomorrow it will happen to any one of us,” warned Anita Among, Speaker of Parliament.
Weaponising the Judiciary Against the Opposition
Uganda’s military courts have become notorious for targeting opposition voices. Members of the National Unity Platform (NUP), led by Bobi Wine, have been convicted by military tribunals for wearing red berets and party symbols — actions the authorities claim mimic military attire.
Since 2002, over 1,000 civilians have faced military prosecution in Uganda, often for politically motivated charges ranging from treason to unlawful assembly.
A Legal Framework Built for Repression
In 2005, Uganda amended the UPDF Act to allow the military to try civilians — a strategic move to legalize the prosecution of dissenters like Besigye. The law has since served as a cornerstone of repression, flouting both Article 7 of the African Charter on Human and Peoples’ Rights and the 2001 Principles and Guidelines on Fair Trial in Africa.
Despite condemnation from regional human rights bodies and legal professionals, many cases remain trapped in military courts with no sign of lawful transfer.
Illustration
Image: Symbolic representation of justice in turmoil – military influence over civilian matters in Uganda.
Calls for Justice and Compliance
A coalition of 11 rights organizations, including Amnesty Kenya and the Law Society of Kenya, has called for the immediate release of Besigye, Lutale, and their lawyer. They argue that detaining civilians through a process rooted in illegality continues to erode Uganda’s judicial credibility.
“Military justice is on trial,” concluded Chagutah, warning that continued defiance of the court order undermines democracy and legal safeguards.
As Uganda edges closer to its seventh election under Museveni, Uganda’s military courts stand as both a symbol of repression and a legal battleground. Whether the government abides by the Supreme Court’s directive may well determine the integrity of the 2026 elections — and the future of civil liberties in the country.