Reported by
Faridah N Kulumba
Africa-Press – Uganda. The Chief Justice Alifonse Owiny Dollo declined to step down from the presidential election petition, which was filled by Robert Kyagulany Ssentamu alias Bobi Wine, challenging the victory of presidBobi Wineent Yoweri Kaguta Museveni Tibuhaburwa, in the 14 January election.
This follows lawyer Hassan Male Mabirizi to file a case in the supreme court asking Justice Dollo one of the 9 appointed judges in the petition, to step down saying that Dollo will not give a fair judgement to this petition accusing him of having a special relationship with the accused Yoweri Museveni.
Election petition background
Previously on the 1st February 2021 former presidential candidate Robert Kyagulanyi petitioned the Supreme Court challenging the 2021 electoral commission’s results, which declared president Museveni as a winner, putting Kyagulanyi in a second position which he declined.
Through his lawyers led by Medard Ssegona, Bobi asked court to nullify the election and order for a fresh one, without Museveni participating in it, basing on the evidence they presented to court.
Ssegona raised 26 grounds against Museven, saying that they had proof that the election was rigged.
Why Mabirizi does not trust the Chief Justice?
Lawyer Male Mbirizi while explaining to court why he wanted the Chief Justice to step down from the petition, he said that Justice Dollo was Museveni’s lawyer in the previous petitions, and that Dollo had several secret meetings with president Museveni at state house while the petition was in his hands, and therefore he will not be able to deliver justice to the petition.
Mabirizi is not the only one who wanted Dollo to withdraw from the petitioner, but also Bobi Wine wanted him out.
After filling the petition, Bobi asked 3 out 9 Supreme Court judges to step down from the his petition, accusing them of having conflicts of interest and one of them was Chief Justice Dollo.
How Mabirizi’s case was determined?
At the beginning of this week, Supreme Court presided over by 9 judges led by the Chief Justice Owiny Dollo himself, sat to hear the ground on which Male Mabirizi was basing on to ask him to step down from the petition.
Mabirizi argued that the Chief Justice can be fair when he is the judge of his client.
“In the objective view, Owiny Dollo is not qualified to sit in this matter by virtue of his prior engagement, and therefore prevented from being sufficient or impartial to take the petition at hand. Court was heard by the first respondent in the head petition Yoweri Museveni as his lawyer.” Mabirizi told court.
The Chief Justice Owiny Dollo admitted that he was Museveni’s lawyer 15 years ago, and that there is no way that can contradict with the current petition .
“I have fully listened to the submission by the applicant well argued, now the reason i will give in my determined ruling to be delivered on notice on matters i decline to recuse.” said Justice Dollo.
He also admitted visiting president Museveni at state house on several occasions but that they were official government visits.
So court based on the Chief Justice’s defense and dismissed Mabirizi’s case.
Was Mabirizi satisfied by the court’s judgement?
Of course not, Mabirizi while speaking to our AFP reporter, he still insisted that Owiny Dollo did not deserve to be on the panel of the judges in the petition, when his former client is the first respondent in this petition. And he promised to take his matter in the East African court.
“Chief Justice Owiny Dollo is conceding but actually he was Museveni’s lawyer and am telling him it does not matter how you feel you would be independent, but what matters is how does the public view you, if you are a lawyer for your client, how do you sit in your client case to be the judge?.” said Mabirizi.
What does the law say about this matter?
Under the advocates acts, lawyers representing clients are taken as officers of court, rather than the employees of their plaintiffs.
