20/U/22040/PSA 2000722040

A CONCISE STUDY OF ARTICLE 1 OF THE 1995 CONSTITUTION OF THE

REPUBLIC OF UGANDA
ABSTRACT AND INTRODUCTION
According to the black’s law dictionary a constitution is a fundamental and organic law of a
nation or state that establishes the institutions and apparatus of government, defines the scope of
governmental sovereign powers, and guarantees individual civil rights and civil liberties.i

March 1989 saw the birth of a constitutional commission charged with a task of fine combing
through the constitution with the agenda of bringing fairness to the idea of freedom and
democratic government. Illuminating the fundamental rights of Ugandans. Ensure free and fair
elections and involvement of all Ugandans in governance of Uganda. ii
The constitution is an ambulatory living instrument for the good governance, liberties, welfare
and protection of all persons in Uganda. iii This constitution was created with the Ugandan
context in mind recalling the political and institutional instability, recognising struggles against
tyranny, oppression and exploitation, therefore committed to building a better future by
establishing a socioeconomic and political order through a popular and durable national
Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice
and progress. iv
Article 1 entails most of these qualities and therefore starts off by stating that all power belongs
to the people who shall exercise their sovereignty with this constitution. v continuing to say that
all authority in the state emanates from the people of Uganda, and that people shall be governed
through their will and consent.vi
HISTORICAL BACKGROUND OF ARTICLE 1
Article 1 is a brainchild of Uganda’s rich history, since the colonial period the power of
governance was centred at the colonial government with meagre involvement of locals. The idea
of indirect rule through traditional leaders was introduced . The first organisation ever to start
some kind of administration in Uganda was a private company by the name of the Imperial
British East African Company. vii This was the beginning of the puppetry traditional leaders were
to face and so natives lived only at the beckon of the colonial masters.
Taking a look at the protectorate’s first constitutionviii, it birthed an authoritarian system, a
commissioner was assigned by his majesty to run the protectorate. ix Judicial, executive and
legislative powers were all vested in him. As well as economic rights to mines and minerals all
over the protectorate.x Even with the aid of public officials in the governance of the
protectorate it was no secret that the commissioner exercised full patronage and these people did
not operate autonomously. The 1920 order in council was promulgated culminating in reduction
of the powers of the commissioner to governor. The legislative council was comprised of only
Europeans even the servants. G.W. Kanyeihamba says that, although the council was passing
laws intended to govern the natives the council presumed to know what they needed better than
themselves. The natives were left out of the governance loop, expected to obey those that
governed and follow laws they had no hand in creating. xiWe had no representation as Ugandans
on a body that made our laws.
Independence of Uganda came with the 1962 constitution which entailed both a unitary and
federal form of government, which was chaotic. Buganda being the favourite had a federal
relationship with the government unlike other kingdoms. The issue of Presidency was one of
contention as the Kingdoms could not settle for a peasant to rule them, and the Baganda fronted
the Kabaka for head of state. On 9th October 1953 Kabaka Muteesa II was installed as president
of the Republic of Uganda. This shook constitutionalism to the core as there was a ceremonial
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president and a power hungry. UPC and Kabaka Yekka were formidable rivals. With UPC
having internal conflicts as well as the rumour that Obote was pushing for a one party state
which was a threat to Mengo. xii Replacement of the 1962 with the 1966 pigeon-hole
constitution illuminated the unchecked power of the executive, the coup and exile of the Kabaka
disintegrated the idea of autonomy of parliament from the executive. In Exparte Matovu v AG
independence of the Judiciary was also shaken. The doctrine of separation power fell asunder. xiii
After Obote, came the military tyranny of Idi Amin in 1971. Military coups in Uganda as well as
the rest of Africa were a trend. Idi Amin under legal notice 1of 1971 suspended articles 1,3,63
and chapters IV and V of the 1967 constitution, taking away the supremacy of the constitution.
Parliament was an empty shell as now making of laws was a forgotten practice due to the decrees
that ruled Uganda then. Power rode naked through Uganda under the muzzle of a gun according
ding to Kanyeihamba. Amin was pushed out by the UNLF Government which only lasted three
years due to internal divisions. Yoweri Kaguta Museveni fought a liberation war from 1981 to
1986 due to rigged elections in 1980.
This history led to a more cautious drafting of the 1995 constitution thus the formation of a 21
member constitutional commission headed by Justice Benjamin Odoki, made consultations all
across the country after this the constituent assembly adopted their findings into a new 1995
constitution of the republic of Uganda .
In the new 1995 Constitution of the Republic of Uganda there stood Article 1 on the sovereignty
of the people.

JUDICIAL INTERPRETATION
Uganda being a democracy has tried to uphold Article 1 of the constitution as well as in
numerous important cases. In the Supreme court of Uganda constitutional appeal No.2 of 2018,
Chief Justice Bart Katureebe (In old capacity ) while giving his ruling in the petition that sought
to challenge the amendment of Article 102(b) to scrap the age limit, said “this in my view is what
the framers of the constitution must have in mind when they wrote the constitution. It is the
reason Article one was written the way it was, putting the people at the centre of everything and
giving all political power to the people.” xivin this case Article 1 singularly carried the basic
structure of the 1995 .

CONTEMPORARY APPLICATION
According to Dr Busingye Kabumba’s book, “the illusion of the Ugandan Constitution,” the
Ugandan constitution is a hoax, beginning from Article 1 which leads us to believe that all power
belongs to the people.xv Which is not true in itself because the excessive use of military force by
the executive to have its way tongue ties the Judiciary and Parliament of Uganda for fear of
brutality.
The recent detention of Hon Kyagulanyi a presidential candidate in January 2021 which was
allegedly a preventive arrest by authoritiesxvi. He was kept at his home and even accessing food
was a hustle. This goes against Article 1 and instead shines a light on the unchecked power of the
executive who when feels threatened by a formidable opposition candidate chooses to play the
power card.
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In Zaake v A.G, Hon Zaake Francis sued the Attorney General and eight other police officers
over being detained and tortured in various detention facilities which allegedly affected his
eyesight and right leg. He was held without trial for ten days at Mityana police station. He won
the case with Government of Uganda having to compensate him with 75 million. The
compensation upholds Article 1, however the events leading to this case violate and undermine
this article for example arrest without trial, brutality and incompetence of police officers who
were clearly deterring a formidable politician in opposition from accessing his boss’s premises.
Also again in the presidential campaign trail of Forum for Democratic Change Presidential
candidate Patrick Oboi Amuriat, we witnessed a deeply disturbing brutality from law enforcers
especially the police who arrested him more than 21 times, shamefully parading him before his
supporters.
A demonstration by National Unity Platform supporters in November 2020 was dispersed with
live bullets which led to the death of 37 Ugandans many of whom were not a part of the
demonstration. Thus sovereignty of the people is a myth in Uganda.xvii

CONCLUSION
A constitution is a formidable document that sways the very pillars of a nation and thus should
never be fretted with. Article 1 of the 1995 constitution of the Republic of Uganda emphasizes
sovereignty of the people and continues to say that all authority in the state emanates from the
people. Therefore the people of Uganda are a key ingredient to the legitimacy of the constitution.

BIBLIOGRAPHY

i
Black’s law dictionary.
ii
Constitutional and political history in Uganda by G.W kANYEIHAMBA
iii
Ibid 209
iv
Preamble of the 1995 Constitution of the Republic of Uganda.
v
Article 1 (1) of the 1995 constitution of the Republic of Uganda.
vi
Article 1 (2) of the 1995 constitution of the Republic of Uganda.
vii
Constitutional and political history of Uganda by G.W. KANYEIHAMBA
viii
1902 0rder in council
ix
Clause 4 of the 1902 0rder in council.
x
Clause 12(1) of the 1902 order in council.
xi
Constitutional and political history of Uganda by G.W KANEIHAMBA page.14
xii
Mujaju A.B Transafrican Journal of History Vol.15 (1986), pp. 30-53 Published by. Gideon Were Publication.
xiii
Uganda v Commissioner of prisons, Exparte Matovu
xiv
Constitutional Appeal No.2 of 2018
xv
Dr Busingye Kabumba “The Illusion of the Ugandan Constitution.”
xvi
BBC NEWS 25 Jan 2021
xvii
The Washington post of November 20, 2020