The succession trap: how constitutional manipulation became a system of government

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Uganda President MuseveniPresident Yoweri Museveni’s letter of October 11, 2026, to the NRM Central Executive Committee deserves examination beyond its implications for the presidential ambitions of his son, Gen Muhoozi Kainerugaba.Traversing Africa’s historical struggles, economic integration, strategic security and Pan-Africanism, the letter raises fundamental questions. Why should a nation of approximately 50 million people depend upon one individual to advance its national vision? Why should identifying Uganda’s future leadership appear to revolve around the presidential family?More importantly, how do these lofty principles compare with the methods through which the establishment has preserved presidential power for four decades?The manufacture of indispensabilityThe 1995 Constitution restricted the presidency to two elected terms under Article 105(2). Within a decade, that safeguard was removed.The justification included exceptional circumstances: prolonged insurgency in northern Uganda, insecurity in Teso and the supposed absence of a suitable alternative to Museveni.Former minister Daniel Omara Atubo offers a disturbing interpretation. He argues that the northern insurgency served a political purpose beyond the battlefield: frightening southern Ugandans with the prospect that, without Museveni, northerners would return to power.Atubo’s opposition to militarised approaches carried personal consequences. In April 1991, following a meeting of northern leaders critical of military conduct, he was arrested, charged with treason and imprisoned at Luzira. Amnesty International subsequently questioned the charges. He continued advocating negotiated solutions, including through a 1997 parliamentary minority report.Although Atubo’s interpretation of presidential motives remains contested, it raises an uncomfortable question: how did the suffering of Acholi and Teso communities become part of the justification for extending presidential incumbency?Rather than strengthen institutions capable of protecting Ugandans regardless of who occupied State House, continued personal rule was presented as insurance against instability.Today, the language has changed. The supposed necessity is no longer merely defeating insurgency but fulfilling Africa’s historical missions and guaranteeing strategic security.The underlying proposition remains strikingly similar: Uganda’s future is too important to be entrusted to ordinary constitutional competition.When constitutional principle met the cheque bookThe removal of presidential term limits in 2005 exposed the political machinery behind the rhetoric.Prof George Kanyeihamba recounts how senior NRM ministers, including Eriya Kategaya, Bidandi Ssali, Amanya Mushega, and Miria Matembe, opposed abandoning the original constitutional settlement.Kategaya urged Museveni to establish the precedent of peacefully relinquishing presidential power. According to Kanyeihamba, the dissenting ministers were dismissed.Then came the infamous Shs 5 million payments to legislators, officially described as constituency consultation facilitation. Their timing generated serious allegations of financial inducement. Parliament subsequently deleted presidential term limits.The contradiction is striking. An establishment proclaiming revolutionary patriotism resorted to controversial financial facilitation while dismantling a constitutional restraint. A movement preaching ideological discipline dismissed senior members defending the Constitution it had helped establish.The 2017 removal of presidential age limits went further. Amid political pressure and physical confrontations inside Parliament, another constitutional safeguard disappeared.Constitutional restraints increasingly appeared negotiable whenever they obstructed continued incumbency.Integrity preached, constitutional safeguards discardedMuseveni’s CEC letter provides a revealing standard against which to examine this history.He identifies three leadership requirements: commitment to historical missions, discipline and integrity, and strong national institutions. He insists that leaders must reject corruption and safeguard public resources.But how does this condemnation of corruption sit alongside the controversial parliamentary payments accompanying the removal of term limits?How does institutional development reconcile with repeatedly eliminating constitutional restraints upon presidential incumbency?And how can institutional discipline be invoked without confronting the partisan activities of the serving Chief of Defence Forces?The problem is not with the President’s stated principles. It is their inconsistent application. The letter becomes particularly consequential when Museveni distinguishes what leadership must accomplish and why from who should lead and how.He subsequently invites consideration of Muhoozi’s suitability, citing his personal knowledge of his son’s qualities.Addressing concerns about Muhoozi’s public statements, he declares:“Procedures without substance, are barren (enguumba).”Yet constitutional procedures are not obstacles to national development. They determine how authority is acquired, exercised and transferred.Presidential elections, constitutional limitations, military neutrality and parliamentary accountability are safeguards against arbitrary power, not ceremonial technicalities.Article 208(2) requires the UPDF to remain non-partisan and subordinate to civilian authority.A serving Chief of Defence Forces cannot reconcile active military command with organised partisan presidential mobilisation merely by invoking national development objectives.The question is not whether Muhoozi may aspire to civilian leadership. It is whether his political activities comply with the constitutional obligations of his present office.In 2005, term limits obstructed continued incumbency. In 2017, age limits disappeared. Now, amid discussion of a serving military commander’s political succession, constitutional procedure is again contrasted with supposedly superior political objectives.Sectarianism condemned, patronage preservedThe President’s appeal to patriotism and Pan-Africanism also invites scrutiny of the distribution of state power.Ann Mugisha’s critique of the Saleh–Ogenga Otunnu Consociational Democracy Agreement raises an important question: why examine historical sectarianism without equally investigating contemporary appointments, military and police command, intelligence institutions and economic opportunities?President Museveni’s latest senior public appointments illustrate the concern. Of 13 appointments, seven (53.8 per cent) went to individuals from western Uganda, four to central Uganda and only two to northern and eastern Uganda combined.The distribution has renewed concerns among sections of the public about regional marginalisation.Museveni has previously maintained that regional balance should be assessed across government appointments in aggregate. That argument invites scrutiny under National Objective II(iv) of the Constitution, which calls for government to be broadly representative of Uganda’s national character and social diversity.Where is the comprehensive, publicly accessible evidence demonstrating equitable representation across senior public appointments, military command, police leadership and intelligence institutions?Such concerns require independent investigation, not collective accusations against communities.The CDA itself raises additional questions. It criticises private elite agreements lacking public consent, yet its framework originated with General Salim Saleh and Professor Ogenga Otunnu, his special assistant, before wider consultation.Was there an agreed Cabinet policy? Who authorised its formulation? Which stakeholders determined its agenda?Saleh is President Museveni’s brother and a longstanding participant in the governing establishment. Can a framework co-authored by such a central figure independently examine the NRM’s responsibility for constitutional manipulation, militarised succession, corruption and allegations of serious human rights abuses?Professor Otunnu’s academic credentials do not eliminate the need for transparency about the framework’s independence.As Mugisha observes, the proposed arrangements envisage government leading implementation, political parties endorsing commitments and Parliament providing legislative authority.A proposal developed by two individuals does not become a national agreement merely because established institutions are subsequently invited to endorse it.Dialogue remains necessary. But Ugandans must be free to examine, amend or reject proposals rather than inherit predetermined agreements.The grandstanding and the constitutional realityMuseveni concludes by recalling his encouragement of younger African leaders and invoking President Julius Nyerere’s mentorship in advancing continental integration.Yet Nyerere was not Museveni’s biological father. His example demonstrates that nurturing younger leadership need not entail transferring political authority within one’s family.If integrity and strong institutions are indispensable, why not independently examine the establishment’s record on corruption and constitutional accountability?If national unity is paramount, why should a serving military commander direct partisan presidential mobilisation?And why should free, fair and competitive elections be considered inadequate to produce leaders committed to Uganda’s national aspirations?In 2005, insecurity helped justify removing term limits. In 2017, another constitutional restraint disappeared. In 2026, Africa’s historical missions are invoked amid discussion of the presidential ambitions of the President’s son and serving military commander.The circumstances differ. The political methods invite comparison. Uganda must confront the relationship between money, military power and constitutional manipulation. Public resources must not purchase political compliance. Military command must not become a privileged pathway to succession. Constitutional amendments must not routinely eliminate obstacles to incumbency.The greatest danger is no longer simply that the Constitution may be violated during an emergency. It is that exceptional circumstances may become a recurring justification for preserving political power whenever constitutional restraints become inconvenient. The author is a senior advocate, former minister and Member of Parliament.The post The succession trap: how constitutional manipulation became a system of government appeared first on The Observer Media Ltd.