Forum for Democratic Change (FDC) vice chairperson Robert Centenary has dismissed President Yoweri Museveni’s reaction on the Supreme Court ruling.
According to him, such a ruling is a blatant defiance by a leader who swore to uphold and protect the Constitution which not only undermines the doctrine of the separation of powers but also constitutes a direct assault on justice and the rule of law.
“In effect, it amounts to an overthrow of the very Constitution he once championed and has repeatedly sworn to uphold with every oath of office he has taken,” Centenary said.
On January 31, 2025, six judges of the Supreme Court declared the civilian trials in military courts unconstitutional.
“The General Court Martial should not generally try civilians,” Chief Justice Owiny-Dollo said, “although the court martial is a court of judicature, its clothed with limited jurisdiction.”
“Pending trials before the General Court Martial must immediately cease and be transferred to the ordinary courts with competent jurisdiction,” Owiny-Dollo declared.
However President Yoweri Museveni expressed disappointment with the decision, which declared that civilians accused of certain crimes, such as illegal possession of firearms, should not be tried in military courts.
He firmly defended the military court system as essential to the country’s security and stability.
Addressing the media on February 3, 2025 at Najjanankumbi, Centenary argued that the president should be aware that civilian authority supersedes military authority, as enshrined in the Constitution.
“We are deeply concerned that despite this significant legal victory, Mr Museveni, as head of the Executive, has vowed not to implement the Supreme Court’s judgment nullifying the trial of civilians by military courts,” he said.
He pointed out that President Museveni’s refusal to respect this fundamental principle sets a dangerous precedent and threatens the democratic foundation of the nation.
“If he fails to respect this ruling and continues to defy the courts, Ugandans will be left with no option but to wake up and do what the Constitution commands them to do,” Centenary added.
The party’s remarks highlight the fundamental importance of upholding the Constitution, which the president has sworn to protect; however, failure to reach a term agreement may provoke a constitutional crisis.