KAMPALA, UGANDA — Makindye East MP Derrick Nyeko has vehemently refuted claims made by Justice and Constitutional Affairs Minister Norbert Mao, accusing him of spreading misinformation regarding the trial of civilians in military courts.
Nyeko, who also serves as the National Unity Platform’s Shadow Defence Minister, directly challenged Mao’s assertion that he endorsed civilian trials in military courts.
Mao’s social media post had quoted Nyeko as stating, “Though there have been instances of misuse, completely barring civilians from the General Court Martial (GCM) weakens our legal framework against threats like espionage, terrorism, and unlawful possession of military hardware.”
However, Nyeko dismissed these claims as “fake news,” attributing them to Mao’s “lazy approach to information.” He questioned the Minister’s failure to consult Parliament’s library for accurate information.
“When a full minister of justice can’t make time to consult Parliament’s library but spends time on fake blogs, you begin to wonder where the country is headed,” Nyeko remarked.
Nyeko offered to provide Mao with a soft copy of his alternative policy on the matter to ensure he is better informed.
On Monday, March 24, Nyeko presented an alternative ministerial policy statement to Parliament, aligning with the Supreme Court’s January 31 ruling that military courts should be presided over by trained legal professionals.
Nyeko’s policy also advocated for the abolition of civilian trials in military courts, consistent with the Constitutional Court’s previous decision.
“The Judge should be appointed like High Court Judges,” Nyeko stated. “We must amend the UPDF Act to ensure Parliament vets the Chief of Defence Forces (CDF) and Deputy CDF.”
The Supreme Court’s January 31, 2025, ruling declared the trial of civilians in military courts unconstitutional, demanding an immediate cessation of such proceedings and their transfer to civilian courts. This decision was lauded by the Uganda Law Society as a victory for constitutionalism.
Despite this judicial directive, President Museveni has publicly vowed to continue prosecuting civilians in military courts.
Nyeko further argued for the reform of Uganda’s military criminal justice system to comply with constitutional provisions regarding fair hearings and non-discrimination, as guaranteed under Articles 126 and 28(1) of the Constitution. He highlighted that military justice is currently administered by serving soldiers lacking judicial training.
“A court presided over by someone lacking professional legal training cannot effectively deliver justice,” Nyeko explained. He cited examples from countries like Sudan and Ghana, where military courts include legal officers trained in law, ensuring a more thorough understanding of legal complexities.
Nyeko stressed that the absence of judicial training and independence in Uganda’s military justice system compromises the fairness and impartiality of trials for both civilians and military personnel.
Reinforcing his stance against civilian trials in military courts, Nyeko referenced the Constitutional Court’s ruling in the case of Captain (Rt.) Amon Byarugaba and others vs. the Attorney General (Constitutional Petition No. 044 of 2015).
“The UPDF Act’s provision allowing military courts to try civilians is unconstitutional, as military courts are not part of the judicature as defined under Article 129 of the Constitution,” Nyeko stated.
