On Monday, March 24, Nyeko presented an alternative ministerial policy statement to Parliament, agreeing with the Supreme Court's January 31 ruling that military courts should be chaired by trained legal professionals.
Makindye East MP Derrick Nyeko has sharply criticised Justice and Constitutional Affairs Minister Norbert Mao for spreading misinformation regarding civilian trials in military courts.
Nyeko, who is also the opposition National Unity Platform's Shadow Defence Minister, responded to claims by Mao, who quoted Nyeko as endorsing such trials.
In a social media post, Mao quoted Nyeko as saying, "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."
Nyeko, however, refuted these claims, calling them a product of Mao's lazy approach to information. He questioned why the Minister had failed to consult Parliament's library for accurate facts.
"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.
He also offered to provide Mao with a soft copy of his alternative policy on the issue to help him get better-informed.
On Monday, March 24, Nyeko presented an alternative ministerial policy statement to Parliament, agreeing with the Supreme Court's January 31 ruling that military courts should be chaired by trained legal professionals.
Nyeko's policy also supported the abolition of civilian trials in military courts, in line 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 ruling on January 31, 2025, declared that trying civilians in military courts is unconstitutional, ordering an immediate halt to such proceedings and their transfer to civilian courts.
This decision was hailed as a victory for constitutionalism by the Uganda Law Society.
Despite this, President Museveni has vowed to continue prosecuting civilians in military courts.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Nyeko further argued that Uganda's military criminal justice system needs reform to align with constitutional provisions on fair hearings and non-discrimination, as guaranteed under Articles 126 and 28(1) of the Constitution.
He noted that military justice is currently dispensed by serving soldiers with no judicial training.
"A court presided over by someone lacking professional legal training cannot effectively deliver justice," Nyeko explained.
He pointed to other countries, such as Sudan and Ghana, where military courts include legal officers trained in law, ensuring better comprehension of legal issues.
Nyeko emphasized that the lack of judicial training and independence in Uganda's military justice system compromises the fairness and impartiality of trials, both for civilians and soldiers.
Nyeko said by reinforcing his stance that military courts should not try civilians, citing 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 said.
