Ugandan opposition politicians accused President Yoweri Museveni of trying to refute opponents by taking politically motivated charges in military courts participating in presidential and legislative elections next year.

Although the Supreme Court prohibits this practice, the government is urging a law to allow military courts to try civilians.

In November, opposition politician Kizza Besigye was detained in Nairobi, Kenya with his aide Obeid Lutale and brought to Kampala, where they were charged with illegal possession of firearms, threatening national security and later Treachery, and were sentenced to death. His lawyers said the allegations were politically motivated.

Besigye, a four-time presidential candidate and long-time rival to Museveni, is one of more than 1,000 civilians, including activists and other politicians, and has been accused in military courts since 2002.

In January, Uganda's Supreme Court ruled that civilians in military courts were unconstitutional and ordered the transfer of trials involving civilians to the common court. Museveni rejected the ruling as a "wrong decision" and vowed to continue using the military court.

In February, authorities handed the trial to the civil court. But the Uganda Bar Association said the government has not transferred other people's cases yet.

In the latest twist, the government plans to introduce a law to allow military courts to hear civilian crimes. Minister of Justice and Constitutional Affairs Norbert Mao told Parliament on April 17 that the draft legislation is awaiting approval from the cabinet and then introduced in Parliament.

Paul Mwiru, a politician at Bobi Wine's National Unification Platform Party, said Museveni's administration is using state institutions to instill fear and “incline the justice system to lean towards tendencies.”

Former MP Mwiru was charged in civil court in 2018 with treason along with 31 other people, allegedly throwing stones in a convoy of Museveni and in chaos in a by-election campaign. Mwiru said people who have gone through the "coming back weakened court" process. About two years later, their case was adjourned indefinitely.

He said that the law that amends the law to allow military prosecution of civilians will allow the government to “prosecute you and appeal to you in court if they disagree with you.”

Uganda will participate in the poll in January 2026, which will be Museveni's seventh election.

The events of the past few months have raised concerns about intolerance and authoritarianism seen by critics of the Museveni government and have inspired fears about elections that may not be free and fair. "They will be able to arrest any of us. If they want to deny that you have the opportunity to participate in the election process, they can do that," said Mwiru, who plans to compete for another seat in parliament next year.

November is not the first time that the former Army Colonel was tried in a military court. In 2005, four years after retiring from the military and serving as president for the first time, he was charged with terrorism and possession of a firearm.

Other civilians prosecuted in military courts include wine, the musician turned politician, who said he will stand up again next year, former opposition MP Michael Kabaziguruka and Besigye's lawyer Eron Kiiza. The list also includes opposition supporters, as well as other political opponents and government critics.

Critics say the crackdown also extends to civil courts, where dissidents and government critics alleged that they were given a lengthy trial, refusing to bail and detain without a trial. Besigye and Lutale were released on bail this month for their case. They are still in custody.

Government and military spokespersons have been approached for comment. Museveni has used military courts to defend civilians on several occasions, saying peace and stability in East African countries are necessary. He claimed that the civil court failed to convict a person charged with a violent crime.

The trial of civilians in the military court dates back to 2002, when Museveni created an autonomous, temporary law enforcement agency to deal with armed crimes in response to the failure of the civilian justice system that allegedly failed to prosecute and punish crimes. Later, in 2005, the state revised legislation that regulated the military to establish a legal framework to allow the military to send out martial arts civilians.

Human rights activists say this practice is unfair and illegal and often violates the defendant's right to be fairly tried.

Over the years, in many cases, the Ugandan court ruled against this practice, but the process continues. The latest Supreme Court ruling was a litmus test by Kabaziguruka in 2016.

Attorney General Mao told lawmakers that they would define “special circumstances in which civilians may comply with military law” and the government is planning to introduce the draft law.

Museveni led the rebels in 1986 to participate in a six-year guerrilla warfare to remove President Milton Obote and became president in 1986. After years of political decline, he led the country's economic growth and democratic change.

But critics say the country's judicial independence has eroded over the years. They also used what they called a strong man strategy to condemn him indefinitely for a long stay in office, including two constitutional changes to continue to rule.

The military roots of the Museveni government influenced the government's actions, said Gerald Walulya, a senior lecturer at Markrerey University in Kampala. “Because of their background as governments that come to power through military routes, they tend to approach every aspect in a military manner,” he said.

Historian Mwambutsya Ndebesa said Uganda was experiencing a "curse of liberation" which he said made leaders feel entitled to power. "Those who liberate people from the repressed regime in Africa believe they have the right to rule," he said.

Ndebesa said the government is “suppressing political dissent for political purposes, weapons of the judicial system, and this suppression has a “creepy effect” of creating fear in the political space.

“The purpose is not only to suppress this individual, but to convey a message to the political field,” he added.