GUARDING THE CONSTITUTION: Here is why Canada-based Dr. Ssemugenyi has filed petition challenging UPDF Amendment Act recently assented to by Museveni 

Dr. Dennis Daniel Ssemugenyi, a human rights defender and public interest advocate, filed a constitutional petition today challenging the recently enacted UPDF (Amendment) Act, 2025 before the Constitutional Court of Uganda.

Dr. Ssemugenyi contends that the Act, which grants military courts jurisdiction over civilians and was passed amidst concerns of electoral malapportionment, is unconstitutional and therefore void from the outset.

The petition argues that the UPDF (Amendment) Act, 2025, violates several fundamental rights and principles enshrined within the Ugandan Constitution.

Key among these concerns is the Act’s authorization of military trials for civilians, which Dr. Ssemugenyi argues directly contravenes Article 28(1), guaranteeing the right to a fair hearing before an independent and impartial civilian court, and Article 44(c), which makes that right non-derogable.

The petition further asserts that the Act undermines the separation of powers by attempting to overturn previous Supreme Court rulings and infringing upon prosecutorial and judicial independence, protected under Articles 119, 120, and 126 of the Constitution.

Beyond the issue of military jurisdiction, Dr. Ssemugenyi’s petition also raises serious concerns about the fairness and representativeness of the Parliament that passed the Act.

Citing Article 63(3) of the Constitution, which mandates that each constituency contain “as nearly as possible an equal number of inhabitants,” the petition highlights significant disparities in constituency sizes.

He alleges that a gerrymandered electoral system has led to a disproportionate ruling party supermajority, despite substantial population imbalances, undermining the sovereign will of the Ugandan people.

According to findings detailed in the petition, while the ideal constituency size based on Uganda’s projected 2025 population is approximately 70,000 people per MP, some ruling party representatives represent constituencies with as few as 59,000, while some opposition MPs represent constituencies exceeding 150,000.

Dr. Ssemugenyi argues that these extreme deviations exceed the constitutionally permissible 15% threshold, resulting in an artificial supermajority that facilitates the passage of controversial legislation like the UPDF (Amendment) Act.

“Even with presidential assent, a law that contradicts the Constitution remains subject to judicial review,” Dr. Ssemugenyi stated. “Constitutional supremacy cannot be set aside by political convenience.”

Dr. Ssemugenyi’s petition seeks the following relief from the Constitutional Court:

A declaration that the UPDF (Amendment) Act, 2025, is unconstitutional and void from the beginning.

Recognition that the current constituency framework does not reflect the general will of the people.

Reinforcement of the constitutional protection against military trials for civilians.

Encouragement for the development of electoral and legislative reforms that honor the principles of equal representation and civilian rule.

“This is not a protest — it is a patriotic duty,” Dr. Ssemugenyi emphasized. “A quiet but firm stand for the Constitution, for justice, and for the Ugandan spirit of fairness.” He further stated, “This is what I, too, stand for — a Uganda where law, liberty, and leadership walk hand in hand.”

The filing of this petition marks a significant challenge to the UPDF (Amendment) Act, 2025, and is expected to ignite a national debate on the balance of power between the military and civilian sectors, as well as the fairness of Uganda’s electoral system.

The Constitutional Court’s decision will have far-reaching implications for the future of democracy and the rule of law in Uganda.

About Dr. Dennis Daniel Ssemugenyi:

Dr. Dennis Daniel Ssemugenyi is a prominent human rights defender, public interest advocate, and academic based in Uganda. He has long been a vocal advocate for constitutionalism, good governance, and the protection of civil liberties.