Concern as NRM considers another constitutional amendment to bypass Supreme Court ruling

The ruling National Resistance Movement (NRM) is reportedly considering amending Article 92 of the Constitution of Uganda to allow Parliament to pass laws that could override court rulings. 

This follows a recent Supreme Court judgment that declared the trial of civilians in the General Court Martial unconstitutional. 

During a recent caucus meeting held at State House Entebbe, discussions focused on possible amendments to the Uganda People’s Defence Forces (UPDF) Act. 

Government Chief Whip Hamson Obua revealed last week that the party supports proposals allowing civilians accused of illegally possessing specific firearms to be tried before the Court Martial, with the right to appeal through civilian courts. 

However, this move faces a legal hurdle due to the existing constitutional prohibition against retrospective legislation that circumvents judicial rulings.

Legal and Political Hurdles

Article 92 of the Ugandan Constitution explicitly prohibits Parliament from passing laws that override court decisions. 

This provision was at the centre of the Supreme Court’s ruling on January 31st, which deemed the trial of civilians in military courts unlawful.

Opposition leaders, including the Leader of the Opposition in Parliament, Joel Ssenyonyi, have warned the NRM against attempting to bypass the ruling through legislative amendments. 

Ssenyonyi and other opposition figures argue that any effort to amend the UPDF Act to return civilians to the military court would be illegal due to Article 92 

Calls for Debate on National Security

Despite these legal constraints, some voices within the ruling party are advocating for reconsideration of Article 92 itself. 

Hon. Paul Omara of Otuke County, speaking on UBC TV, last night suggested that the article is “not cast in stone" and that a review could be necessary to ensure that court decisions do not impede Parliament’s ability to legislate on critical security matters.

We are mindful of Article 92, which stops Parliament from making retrospective laws. But we have to ask if this article is cast in stone because, if someone challenges if someone walks into court tomorrow, even these other amendments we are trying to make might be annulled,” he said.

This is a challenge and we have to have that conversation and say, we have a window of amending the UPDF act to provide for national security and provide deterrence for those that want to destabilise the country.

Past Constitutional Amendments and Future Implications

Uganda has a history of controversial constitutional amendments, including the scrapping of presidential term limits and the removal of the age limit for presidential candidates. 

These amendments often met with opposition protests and chaotic parliamentary sessions, have raised concerns over the ruling party’s willingness to alter the country’s supreme law for political expediency.

Given this history, questions arise as to whether the NRM will push forward with yet another constitutional amendment despite the potential for public outcry and parliamentary disruptions.