Kampala, Uganda – Renowned human rights advocate Dr. Dennis Daniel Ssemugenyi has filed a constitutional petition challenging the legality of the Uganda People’s Defence Forces (UPDF) Amendment Act, 2025. The petition, filed on June 20 before the Constitutional Court, seeks to strike down the law on grounds that it infringes on fundamental rights and violates multiple provisions of Uganda’s 1995 Constitution.
The contested legislation, which permits the military trial of civilians and expands military influence over civilian judicial matters, has drawn sharp criticism from civil society, legal scholars, and political analysts. Dr. Ssemugenyi argues that the law is “void ab initio”—legally invalid from inception—because it contradicts key constitutional guarantees, particularly the right to a fair hearing before an independent and impartial civilian court.
“This is not a political protest,” Dr. Ssemugenyi told reporters after filing the petition. “It is a patriotic stand for justice, constitutionalism, and the future of civil liberties in Uganda.”
Grounds of the Petition
Dr. Ssemugenyi’s petition highlights several constitutional violations, including:
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Article 28(1), which guarantees the right to a fair hearing before a civilian court.
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Article 44(c), which classifies the right to a fair hearing as non-derogable—meaning it cannot be suspended under any circumstance.
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Articles 119, 120, and 126–128, which safeguard prosecutorial and judicial independence.
Additionally, the petition accuses the Act of attempting to reverse Supreme Court rulings that previously limited military jurisdiction over civilians, thus undermining the principle of separation of powers.
Malapportionment and Electoral Fairness
In a significant expansion of the case, Dr. Ssemugenyi is also challenging the legitimacy of Uganda’s current constituency boundaries, citing violations of Article 63(3) of the Constitution. This article requires that each parliamentary constituency contain, as nearly as possible, an equal number of inhabitants.
Based on 2025 population estimates of 51.4 million people and 353 constituencies, the average number of citizens per Member of Parliament should be approximately 70,000. However, the petition reveals stark disparities:
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Some ruling party MPs represent constituencies with as few as 59,000 people (–15.7% deviation),
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While some opposition MPs represent over 150,000 people (+114% deviation).
These discrepancies, Dr. Ssemugenyi contends, create an artificial parliamentary supermajority that no longer reflects the population’s true distribution or political will.
“Unequal representation distorts democracy. It allows laws like this one to be passed without true national consensus,” he added.
What the Petition Seeks
The petition asks the Constitutional Court to:
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Declare the UPDF (Amendment) Act, 2025 unconstitutional and nullify it in full.
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Affirm that military courts have no jurisdiction over civilians.
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Recognize that current parliamentary constituency boundaries are unconstitutional.
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Recommend reforms that ensure fair representation and restore civilian oversight of the justice system.
This petition marks one of the most significant legal challenges to military-civil relations in Uganda’s recent history. Legal experts suggest the case could set a precedent for future rulings on judicial independence, military oversight, and electoral fairness.
While the government has yet to issue a formal response, political observers say the case will likely attract considerable attention both domestically and internationally, especially among organizations advocating for rule of law and democratic governance in Africa.
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Contact Information
Dr. Dennis Daniel Ssemugenyi
Petitioner | Human Rights Defender | Public Interest Advocate
📍 Windsor Crescent, Plot 48A, Kololo, Kampala
📞 +79312653489 (WhatsApp)
📧 saginiezram@gmail.com
