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IT IS A BAD LAW: Constitutional petition filed by Dr Dennis Daniel Ssemugenyi Challenges UPDF (Amendment) Act, 2025 in Uganda

On June 20, 2025, Dr. Dennis Daniel Ssemugenyi, a prominent human rights defender and public interest advocate, filed a constitutional petition before the Constitutional Court of Uganda, challenging the recently enacted UPDF (Amendment) Act, 2025.

The petition contends that the law is void ab initio for violating key principles enshrined in the Constitution, particularly those protecting the right to a fair hearing, civilian rule, and equal representation.

The UPDF Act, 2025 allows military courts to try civilians and expands military influence into spaces reserved for civilian justice. The petition argues that this law offends the Constitution in multiple ways, including by breaching the right to a fair hearing before an independent and impartial civilian court, as guaranteed by Article 28(1).

Furthermore, the Act attempts to undo previous Supreme Court rulings, undermining the separation of powers under Articles 28, 126, and 128.Additionally, the Act was passed by a Parliament that does not proportionately represent the Ugandan population, contrary to Article 63(3), which requires that each constituency contain as nearly as possible an equal number of inhabitants.

Based on Uganda’s projected 2025 population of 51.4 million and 353 constituencies, the national quota is approximately 70,000 people per MP. However, some ruling party MPs represent constituencies with as few as 59,000 people, a -15.7% deviation, while many Opposition MPs represent constituencies exceeding 150,000 people, a +114% deviation.

These imbalances exceed the constitutional threshold, undermining the principle of equal suffrage and resulting in an artificial supermajority that facilitates the passage of contested legislation.

The petition seeks to have the UPDF (Amendment) Act, 2025 declared unconstitutional and void ab initio, to recognize that the current constituency framework does not reflect the general will of the people, and to reinforce the constitutional protection that military courts should not try civilians.

Furthermore, the petition encourages the development of electoral and legislative reforms that honour the principles of equal representation and civilian rule.

This constitutional petition is a patriotic duty, standing for the Constitution, justice, and the Ugandan spirit of fairness. Dr. Dennis Daniel Ssemugenyi, as the petitioner, is committed to a Uganda where law, liberty, and leadership walk hand in hand.

The petition serves as a moment for reflection and action, calling for a Uganda that upholds the principles of equal representation, civilian rule, and the protection of fundamental rights.

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