On January 31, 2025, the Supreme Court of Uganda decided that military courts lack jurisdiction to try civilians, thereby effectively halting all ongoing military trials of civilians. Despite the Constitutional Court having declared military trials of civilians unconstitutional in 2021, Ugandan authorities have continued to use military courts to prosecute and arbitrarily detain civilians, particularly political opposition leaders, civil society leaders and government critics. Critics of the military trials of civilians have also faced harassment and arrests. The government has been weaponizing military courts to stifle political opposition and dissenting views. Such trials of civilians in military courts limit fundamental freedoms like the freedom of speech as civil society actors fear to be taken to jail and result in self-censorship by government critics.
The Supreme Court ruling is an important step to protect civilians from arbitrary military prosecution, thereby strengthening the protection of fundamental freedoms. By limiting military overreach, it promotes a clearer distinction between civilian and military jurisdictions, reducing the militarization of court processes for political reasons. It also sets a precedent for future cases, encouraging broader legal and institutional reforms, provides a legal basis for advocacy, and could also create a more level playing field for political actors in the upcoming elections, as opposition members and civil society actors would no longer face the threat of military trials, thereby reducing self-censorship. The decision may also enhance public trust in the judiciary and the rule of law, which could encourage greater voter participation and confidence in the electoral process.
This situation will continue to be closely monitored by the Network Member as the ruling has faced criticism from the government, which is planning to amend the Uganda Peoples’ Defence Forces Act to legalize the continued trial of civilians in military courts. Should this amendment pass, more civilians will be tried, triggering fears that military trials may be used as a tactic to suppress political dissent in the upcoming electoral period.