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Opposition NUP party petition constitution court seeking to nullify law on military prosecution of civilians

Aug 13 – Uganda’s opposition Political party the National Unity Platform, NUP, petitioned the constitutional court seeking to nullify the newly enacted law that reinstated the right of military tribunals to try civilians.

A team of lawyers including Shamim Malende, Erias Luyimbazi Nalukoola and the party executive including the secretary general Lewis Rubongoya, the leader of opposition Joel Ssenyonyi, the Party Deputy president Lina Zedrig and Muwanga Kivumbi and others led by the party legal advisor, George Musisi Wednesday filed the case at the constitutional court in Kampala.  

The Supreme Court proscribed the prosecution of civilians in the tribunals in January, saying they lacked legal competence to conduct criminal trials in a fair and impartial manner.

Local and international human rights campaigners have long accused the Ugandan government of using military courts to pursue political opponents of President Yoweri Museveni, who has been in power for almost 40 years.

George Musisi, lawyer for the opposition National Unity Platform (NUP), said the party had filed a petition to quash the new law which parliament passed in May and President Museveni signed it a month later.

The NUP secretary General, Lewis Rubongoya told Journalists outside the court that the party has more interests because most of the victims of this military tribunal are the NUP party supporters.

“They violated all the processes that they should follow while passing laws,” Lewis Rubongoya further told reporters, citing a lack of sufficient public consultation.

Many supporters and leaders of NUP, including the party president, Kyagulanyi Sentmu, Bobi Wine,, who is preparing to challenge Museveni in next year’s election, have previously been charged or prosecuted by military tribunals.

After Museveni signed the law, the then-army spokesperson, Chris Magezi praised it, saying it would “deter the formation of militant political groups”, indirectly referring to NUP youths or foot soldiers, while Uganda’s military chief Muhoozi Kainerugaba, who is also Museveni’s son, congratulated lawmakers for passing the law.

The Supreme Court verdict forced authorities to transfer the military trial of a major opposition figure, Kiiza Besigye, for alleged offences including treason, to a civilian court.

Besigye is still in detention, almost nine months after he was detained and has been repeatedly denied bail.

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