UPDF AMENDMENT: Civilians with Illegal Specified Guns to Face Court Martial

UPDF Special Force Command

The ruling NRM Parliamentary Caucus has unanimously resolved that civilians who illegally acquire specified firearms should face trial in the military Court Martial, with the right to appeal through civilian courts.

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The resolution was made during a closed-door meeting at State House Entebbe, presided over by President Yoweri Museveni, and later announced by Government Chief Whip Denis Hamson Obua during a press briefing at Parliament.

According to Obua, the Caucus meeting focused on amendments to the Uganda People’s Defence Forces (UPDF) Act to align it with the recent Supreme Court ruling that outlawed the trial of civilians in military courts.

“We, the Members of the NRM Parliamentary Caucus, assembled today, Friday, 21st February 2025, at State House, Entebbe, to deliberate on matters of national importance, resolved to support the proposed amendments to the UPDF Act as presented by the Hon. Attorney General,” Obua stated.

He added: “A civilian who acquires specified firearms illegally shall be tried by the Military Courts Martial in the first instance, with the right of appeal through the civilian courts.”

This decision is reportedly rooted in the NRM government’s commitment to national security and economic transformation, with Obua emphasizing that protecting Uganda’s strategic interests is paramount.

Military Discipline and Judicial Reforms

The Caucus also resolved that serving UPDF personnel found guilty of misconduct will first be tried by the Court Martial but will also have the right to appeal in civilian courts.

“That misconduct by serving military personnel be tried, in the first instance, by the military Courts Martial, with the right of appeal through the civilian courts,” Obua noted.

This development marks a shift in the military justice system, ensuring that soldiers can challenge military court rulings through the civilian judiciary.

The NRM’s resolution comes in response to the recent Supreme Court ruling, which declared the trial of civilians in military courts unconstitutional.

The Court ruled that military courts lack jurisdiction over civilians, prompting the government to amend the UPDF Act to clarify the law and define the scope of military justice.

Obua acknowledged that the Caucus discussions were guided by President Museveni’s address, which emphasized the need for legislative clarity to ensure that Uganda’s security framework remains robust.

“Mindful of the recent Supreme Court ruling concerning the establishment and jurisdiction of the Court Martial, and guided by the address of His Excellency the President, we acknowledged the need for legislative clarity and alignment of the UPDF Act with the decision of the Supreme Court of Uganda,” he explained.

The Supreme Court’s ruling not only nullified the trial of civilians in military courts but also proposed several reforms to the UPDF judicial system, including appointment of military lawyers to serve in the Court Martial, structuring the tenure and appointment process of military court officials; and separating the military’s disciplinary unit from the judicial system, ensuring that the Court Martial operates independently.

The NRM’s resolutions are expected to guide the final drafting of the UPDF Amendment Bill, which will be presented before Parliament for debate and approval.