Attorney General, Court Martial Chairman Face Contempt of Court Lawsuit

According to the legal notice issued by the defence team representing retired Colonel Kizza Besigye and Haji Lutale Obeid Kamulegyeya, the government officials are accused of wilfully disobeying Constitutional Court orders.
Uganda’s Attorney General, the Chairman of the General Court Martial Brigadier General Robert Freeman Mugabe, and several senior Uganda People's Defence Forces (UPDF) officers are facing legal action for contempt of court.
The lawsuit stems from allegations of disregarding Constitutional Court rulings on the unlawful trial of civilians by military courts.
The case comes after another group of lawyers dragged both the Kenyan and Ugandan governments to the East African Court of Justice over the abduction of Dr Kizza Besigye and his associated Obeid Lutale and subsequent controversial charges before the military court.
Those named in the lawsuit include Brigadier General Mugabe, Colonel Joseph Ecelare Okalebo, Lieutenant Colonel Sam Ntungura, Major Angella Catherine Laker, Captains Nicole Etoru and Abdu Basajabalaba, Warrant Officer One Oyar Boris Mark, Judge Advocate Colonel Richard Tukacungurwa, and Lieutenant Colonel Mugisha Raphael of the General Court Martial.
According to the legal notice issued by the defence team representing retired Colonel Kizza Besigye and Haji Lutale Obeid Kamulegyeya, the government officials are accused of wilfully disobeying Constitutional Court orders.
These orders arose from two landmark cases—the Byarugaba Case (2022) and the Ssemujju Case (2023)—which declared that military courts lack jurisdiction to try civilians for criminal offences.
In the Byarugaba Case, the Constitutional Court ruled that the UPDF Act, 2005, which grants military courts jurisdiction over civilians, is unconstitutional.
It directed that any pending cases involving civilians in military courts should be transferred to civilian courts. Similarly, the Ssemujju Case reinforced this position, highlighting the illegality of prosecuting civilians in military tribunals.
Despite these rulings, the plaintiffs allege that military tribunals under the UPDF continue to try civilians, blatantly defying court directives.
The legal team emphasised that this ongoing practice constitutes a serious violation of constitutional rights.
"The actions of these officials are a blatant disregard for the law, and we have been instructed to take the necessary legal steps to ensure our clients’ rights are upheld," said the legal team representing Besigye and Kamulegyeya.
"We are prepared to escalate this matter to both Ugandan and international courts if necessary."
The lawsuit is expected to raise critical legal and constitutional issues, particularly regarding the separation of powers and the limits of military tribunal jurisdiction in Uganda. The outcome could have profound implications for military justice in the country, potentially reshaping how civilians are prosecuted and redefining the scope of military courts.
As the legal proceedings unfold, the public and the international community will closely monitor whether the courts hold the implicated officials accountable.
The case is poised to test Uganda’s commitment to upholding the rule of law and constitutional governance.