Uganda: We Must Uphold Civilian Authority Over Army, Says Appeals Court Judge

Justice Fredrick Egonda-Ntende of the Court of Appeal has warned that Uganda risks sinking deeper into militarism and creeping authoritarianism if civilian authority over the army is not restored and constitutional safeguards are not respected.

Speaking at the inaugural Sam Kalega Njuba Memorial Lecture on September 18, 2025, the senior judge invoked the framers of the 1995 Constitution, stressing that they sought to prevent elected leaders from transforming into semi-monarchs while ensuring that the army remained firmly under civilian command.

Delivering the keynote address under the theme, "Remodelling Our Constitutional Framework," Egonda-Ntende drew onto the actions of George Washington's leadership in the US.

Washington, the founding father of the US, was a military leader during the American Revolutionary War (1775-1783), serving as Commander-in-Chief of the Continental Army that defeated British colonial forces, leading to American independence.

Washington is especially remembered for two key precedents:

Civilian control of the military - After the war, he resigned his command rather than seize power, reinforcing that armies must remain under elected civilian authority.
Limiting executive power - Though immensely popular, he voluntarily stepped down after two presidential terms, setting the tradition that US presidents would not hold office for life.

These actions helped shape the US system of constitutional democracy and inspired global debates on civilian authority, constitutional limits, and transitions of power.

"The framers of the 1995 Constitution sought to emulate the two principles President Washington established," Justice Egonda-Ntende said.

"Firstly, civilian control of the Army. Secondly the question of not allowing a situation of an elected leader turning into a semi monarch, hence term and age limits, that were instituted."

He said the Constitution must achieve a distribution of power between different arms of government, without any one person or organ, growing into such a powerful organ, that it would be able to control the other organs.

His remarks come at a time when Uganda's political landscape is dominated by the visible role of the army in virtually every sector of governance and society.

Opposition leaders have long accused President Yoweri Museveni, who has ruled since 1986, of gradually eroding civilian rule and returning the country to military dominance.

The 1995 Constitution, once hailed as a progressive charter for Uganda's democratic renewal after years of dictatorship and civil war, has undergone several controversial amendments.

Term limits were scrapped in 2005 and age limits in 2017, effectively enabling Museveni to extend his presidency indefinitely.

Justice Egonda-Ntende lamented these changes, warning that checks and balances painstakingly designed by the framers have been "emasculated."

He noted that the growing size of Parliament, the ballooning number of districts, and the staggering cost of political administration have come at the expense of service delivery.

He also pointed to the troubling practice of military courts trying civilians--particularly opposition politicians--arguing that such usurpation of jurisdiction undermines civilian authority and entrenches a culture of militarism.

"Perhaps the time has come for a civil society-led review of the current constitutional apparatus upon which our society is run, and determination is made whether it is fit for purpose," he urged, calling on the Uganda Law Society (ULS) to spearhead reforms with other professional and civic groups.

Washington's Lesson

In drawing parallels with global history, the judge turned to General George Washington, the American revolutionary commander who, after defeating British forces, voluntarily relinquished power to Congress. Washington later served as the first US President but refused a third term, setting a precedent against life presidency.

Egonda-Ntende argued that the framers of Uganda's Constitution sought to borrow this principle to ensure no single leader entrenched themselves indefinitely.

But Uganda's trajectory, he warned, suggests a deviation from this vision, leaving the country vulnerable to "semi-monarchical" leadership.

For many Ugandans, Egonda-Ntende's remarks echo a lived reality. The military has played an increasingly prominent role in domestic politics, law enforcement, and even administrative functions.

Over the years, heavily armed soldiers have stormed Parliament during heated debates, as they did in 2017 when MPs opposed the lifting of the presidential age limit.

In other cases, the army has raided courts to rearrest suspects granted bail, including opposition figure Dr Kizza Besigye in 2005. Military officers also occupy top positions in ministries, parastatals, and even civilian programs such as Covid-19 response task forces.

President Museveni himself has repeatedly declared that Uganda's Constitution is merely a "piece of paper" that cannot override the "interests of the people," a stance critics interpret as justification for overriding constitutional constraints.

Legal Voices Echo the Warning

Justice Egonda-Ntende's call was reinforced by prominent lawyers who argue that restoring civilian supremacy is not just a constitutional principle but a survival strategy for Uganda's fragile democracy.

Counsel Ronald Wanda, a lawyer representing Dr Besigye in an ongoing treason case, noted: "Article 208 (2) of the Constitution is very clear that the UPDF shall be subordinate to civilian authority. This means that the Army is expected to not only keep the borders of the country safe but also do everything in favor of civilians and not contrary to civilian authority."

Human rights lawyer Eron Kiiza was even more forthright, stressing the incompatibility between militarism and democracy

"Military subordination to civilian authority is a shield against militarism in the running of society. It is important for democracy to thrive that soldiers don't run the state but protect its borders from external threats," he said.

"The most important decisions in the land must be made not by gun-wielding soldiers but civilians elected to do so."

Kiiza added that militarism entrenches fear and suppresses dissent, while democracy allows for accountability and participation by the people.

For Uganda's opposition, the judge's words are vindication. For decades, leaders such as Besigye and Robert Kyagulanyi (Bobi Wine) have accused Museveni of transforming the army into a political tool to entrench his rule and suppress dissent.

During elections, soldiers and other security operatives have frequently been deployed in towns and villages, often accused of voter intimidation and brutal crackdowns on opposition supporters.

The killing of over 50 people during November 2020 protests following Kyagulanyi's arrest remains a grim reminder of the military's heavy hand in political affairs.

Justice Egonda-Ntende's lecture was not simply a lament but also a call to action. He urged professional associations and civil society to reclaim the constitutional debate, independent of executive influence.

"The Radical New Bar, managing the ULS, has an opportunity to play a lead role in this, together with other civil society groups from different areas of human endeavour and professional organisations," he said, listing doctors, engineers, farmers, and business associations as potential allies.

Such a coalition, he suggested, could lay down a constitutional standard for the future, even if ignored in the short term, and serve as a mirror against which the status quo may one day be judged.

Njuba's Legacy

The lecture honoured Sam Kalega Njuba, a former Minister of Constitutional Affairs who oversaw the process leading to the 1995 Constitution. Njuba, who also served as president of the ULS, was a central figure in Uganda's political transition of the 1990s.

By invoking Njuba's memory, Egonda-Ntende reminded his audience that the Constitution was born of sacrifice and vision, not expediency. He cautioned that allowing its erosion betrays that legacy.

"If Uganda Law Society can lead this effort, the lifetime work of Sam Kalega Njuba for a free and democratic Uganda, where the rule of law prevails, will not have been in vain. Betrayal will have been overcome," the appeals court judge said.

The speech has reignited public debate over whether Uganda is sliding irreversibly into military rule.

For some, Egonda-Ntende's sober reminder from the bench is a much-needed wake-up call. For others, it underscores the shrinking space for constitutionalism in a country where power remains concentrated in the presidency and the military remains ever-present.

As Uganda approaches four decades under Museveni's rule, the question posed by the judge remains urgent: Will the Constitution serve as a bulwark against militarism and semi-monarchical leadership, or will it continue to be bent in service of those holding power?

Read the original article on Nile Post.

Uganda: We Must Uphold Civilian Authority Over Army, Says Appeals Court Judge

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