Reported by
Faridah N Kulumba
Africa-Press – Uganda. The National Unity Platform party leader former presidential candidate Robert Kyagulanyi Ssentamu alias Bobi Wine, has instructed his lawyers to withdraw the election petition in the Supreme Court saying he does not believe that court will deriver justice saying it is biased.
Bobi Wine in particular says that the court has been unfair after it refused to allow him to file additional evidence yet it is on record that court has done it before in the previous petitions.
While addressing journalists at his party headquarters at Kamwokya, Bobi said that in mere future, he will communicate his next move but he ruled out the use of violence.
“We are withdrawing from Supreme Court because the courts have failed to show that they are independent. We are going to take this matter to court of the people, the people of Uganda are going to have a final say in matters concerning their destiny. We are withdrawing from court but we are not opting for violence, and we shall be informing the people of Uganda our next steps. We therefore instructed our lawyers to to withdraw the case from Mr Owiny Dollo’s court because it seems like that it is not a court to give justice.” Said Kyagulanyi.
What forced Bobi to petition the Supreme Court?
On 1st February 2021 presidential candidate Bobi Wine petitioned the Supreme Court challenging the 14 2021 January election results which were announced by the electoral commission which declared the incumbent Yoweri Kaguta Museveni Tibuhabulwa as the winner.
Through his lawyers led by Medard Ssegona he raised 26 grounds against Museveni, saying that they had proof that the election was rigged.
Bob’s lawyers asked court to base on the evidence presented to nullify the election and order for a fresh one without president Museveni participating in it reason being that he did not qualify.
How the mistrust in the Supreme Court started.
After filling the petition Kyagulanyi asked 3 out of 9 Supreme Court judges to step down from the petition accusing them of conflict of interest.
He said that in the past some of the justices had a personal attachment to the president Museveni who is the defendant.
The judges Kyagulanyi mentioned were the Chief Justice Alifonse Owiny Dollo, Ezekiel Muhanguzi and Michael Kibita giving reasons that the Chief Justice Dollo was Museveni’s defense lawyer in the 2001 presidential election petition, while judge Kibita was the private for legal affairs in Mr Museveni’s office for 7 years and Judge Muhanguzi is a relative to one General Elly Tumwine who’s also a minister in NRM government.
“We know that the Chief Justice is the former minister in the NRM government. People like the honorable Micheal Kibita who we all know was the private for legal affairs in Mr Museveni’s office for 7 years. We also know that honorable Ezekel Muhanguzi is relative to General Elly Tumwine, a person that the national and international community has castigated to abusing human rights a very very powerful regime apologist has a relative who is going to determine the fate of hiss boss.” said Bobi.
But the Chief Justice Dollo came out and cautioned Kyagulanyi against utterances he said that they were intended to intimidate the justices of the court and the judiciary in general.
Mr Dollo said that the presidential election petition that Kyagulanyi filled will only be decided based on the evidence presented before the court not on the idle talks in the media.
Bobi wine also accused the Chief Justice handling his petition to have a secret meeting with the accused Yoweri Kaguta Museveni at state house Entebbe.
This came out after the pictures of the Chief Justice leaving the state house was shared on the social media with the information that the chief justice in company of others members of the judiciary had a meeting with Museveni on matters relating to the petition.
The judiciary through its spokesman Jameson Karemani refuted these allegations saying that the Chief Justice’s visit was official working visits and was not related to the presidential election petition.
Bobi Wine also complained about the duration of 30 minutes within he is supped to present his evidence in court saying that the court was being unfair to him, because the previous petitions were given enough time.
He went on and petitioned the United Nations Human Rights Commission over human rights violation, saying that he did not have trust in other institutions in Uganda.
What was the reaction of the judiciary upon hearing the news of petition withdraw?
Speaking to our AFP reporter, the Judiciary spokesman Jemeson Karemani said that while it is Kyagulanyi’s right to withdraw the matter from court, matters of costs will have to rise.
“Under the law if someone wants to withdraw the case he has filled in court, the law allows him. It is his right to withdraw his case, except that now they have to talk about other issues like costs because the other parties have incurred cost thats what can be on debate.” Karemani said.
Is Museveni’s team happy about Bobi’s withdraw of petition?
Oscar Kihika head of legal affairs in Museveni’s party National Resistance Movement cautioned Kyagulanyi against withdrawing petition warning him of the costs that will be incurred on him.
And Hussein Kashillinji also Museveni’s lawyer said that they saw it coming because Kyagulanyi did not have substantial evidence to support his petition. He added that they will still demand for their costs.
But if Bobi really knew the injustices in the Supreme Court why then did he petition to the same court?
During his previous press briefing at his home in Magere Bobi Wine said that they went to court to test the judiciary as they participated in the elections to test the electoral commission who failed the test.
“Even though it is clear that our courts of law have been showing compromise, it is important to put our judiciary at a test, even when we know that the general Museveni has historically intimidated the judiciary.” said Bobi.
Joel Ssenyonyi National Unity Platform party spokesman also explained that, they went to court because they are civilized but not that they expected justice.
What next?
According to the judicial spokesman Jameson Karemani court is now waiting for the official written document from Mr Kyagulanyi confirming the withdraw of his petition with in three days. And that if Kyagulanyi does not write to court. the case will still go on and the judgement will be on the 18 March 2021.
