{"id":6618,"date":"2021-03-19T13:01:49","date_gmt":"2021-03-19T13:01:49","guid":{"rendered":"https:\/\/www.africa-press.net\/uganda\/?p=6618"},"modified":"2021-03-19T12:33:02","modified_gmt":"2021-03-19T12:33:02","slug":"drama-at-supreme-court-as-judges-clash-over-bobi-case","status":"publish","type":"post","link":"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case","title":{"rendered":"Drama at Supreme Court as judges clash over Bobi case"},"content":{"rendered":"

Africa-Press<\/a> – Uganda<\/a>. <\/strong><\/span>The Supreme Court was thrown into pandemonium yesterday afternoon after Justice Esther Kisakye\u2019s file was confiscated before she read her ruling on Robert Kyagulanyi Ssentamu\u2019s withdrawn petition challenging Mr Yoweri Museveni\u2019s election victory.<\/p>\n

\u201cI informed the court that I will be delivering my consolidated rulings on the four applications. My colleagues have opted not to attend this afternoon session,\u201d Justice Kisakye said, adding that she was surprised that her colleagues opted to shun the afternoon session. She heaped blame on Chief Justice Alfonse Owiny-Dollo whom she accused of ordering the confiscation of her file. She said she would not delve into detail of what she described as internal matters of the country\u2019s highest court of appeal.<\/p>\n

Justice Kisakye made the remarks while sitting alone in the courtroom after the court break. Court went into a short break before returning to complete reading of the reasons for their rulings on several aspects of Mr Kyagulanyi\u2019s withdrawn petition. However they did not return. Instead, lawyers representing the Attorney General, the Electoral Commission (EC), President Museveni and Mr Kyagulanyi, aka Bobi Wine, were invited to a brief meeting called by Chief Justice Owiny-Dollo to resolve the issues surrounding Justice Kisakye\u2019s rulings.<\/p>\n

The lawyers, who attended the meeting but declined to be named, said the justices refused to return from the break because they adjourned the matter to allow them time to sort out their differences with Justice Kisakye. However Justice Kisakye returned alone in the afternoon to deliver what she called her \u201cconsolidated ruling.\u201d She sat in court for some minutes without a file, then dramatically marched back to the chambers to collect her file. Sources told Daily Monitor that the matter started after Justice Kisakye indicated that she would be writing dissenting rulings from her colleagues but refused to share her decisions with them as is the practice. The practice at the Supreme Court and Court of Appeal is that all judges must disclose their judgments or rulings to other members of the panel such that they know who are in the majority and minority.<\/p>\n

Another flashpoint, according to sources, was Justice Kisakye\u2019s decision to write her own ruling in the Male Mabirizi\u2019s application seeking Justice Owiny-Dollo to withdraw from hearing Kyagulanyi\u2019s petition. Other justices were in agreement that only Justice Owiny-Dollo would deliver the ruling since the issues concerned him alone but Justice Kisakye reportedly decided to write her own ruling, contrary to the norm.<\/p>\n

The two justices were part of the nine member panel that had been appointed to hear Mr Kyagulanyi\u2019s election petition.Other Justices are Stella Arach Amoko, Faith Mwondha, Paul Mugamba, Ezekiel Muhanguzi, Night Percy Tuhaise, Mike Chibita and Rubby Opio Aweri.By late afternoon, Justice Kisakye was reading her rulings in the presence of Mr Kyagulanyi\u2019s lawyer Samuel Muyizi, journalists and court staff. Lawyers for the other parties had left.<\/p>\n

READ:<\/b><\/p>\n

Justice Kisakye\u2019s dissenting judgment in Bobi petition<\/p>\n

Majority decision<\/b><\/p>\n

Earlier in the morning, in the majority decision of eight to one, the Supreme Court spared Mr Kyagulanyi the costs for withdrawing the petition. They ruled that each party would bear their own costs. The ruling was read by Justice Muhanguzi. The court said compelling Mr Kyagulanyi to pay legal costs incurred by other parties would not enhance justice as it would stop litigants from filing petitions in future. The lawyers representing Mr Museveni, the Electoral Commission, and Attorney General William Byaruhanga had asked the court to order Mr Kyagulanyi to pay costs of the petition in line with Section 61(4) of the Presidential Elections Act.<\/p>\n

The section stipulates that if a petitioner withdraws a presidential petition, he\/she shall pay the costs. However, the justices interpreted that the operational word \u201cshall\u201d is not \u201cmandatory\u201d but rather it\u2019s \u201cdirectional\u201d meaning it was not a must that Kyagulanyi had to pay costs upon withdrawing his petition as the respondents\u2019 lawyers had argued. During submissions on whether Mr Kyagulanyi should pay costs or not, Mr Byaruhanga had asked the judges to compel the National Unity platform (NUP) party leader to pay costs to punish him for unpleasant utterances he made against the court.<\/p>\n

Byaruhanga cited press conferences at which Kyagulanyi accused the court of being biased, partisan and remote-controlled by Mr Museveni. However, the justices noted that despite Kyagulanyi\u2019s several disparaging comments about the court, imposing costs on is not meant to be \u201cpunitive\u201d but rather \u201ccompensatory.\u201d They disagreed with Mr Byaruhanga. The justices said they took judicial notice of the fact that Mr Kyagulanyi attacked them both outside court and also in his affidavit supporting his application to withdraw the petition.<\/p>\n

In the Affidavit, Mr Kyagulanyi claimed that he was withdrawing the petition on grounds that the court had exhibited bias when it rejected both his applications to amend his petition and also file additional evidence out of time to support his petition. In their majority ruling, the justices explained that rejecting Kyagulanyi\u2019s application is not evidence that they are not independent.<\/p>\n

\u201cThe applications were rejected because of the strict timelines set in the Constitution in which this court is supposed to deliver judgment in a presidential petition,\u201d Justice Muhanguzi said in the lead ruling, adding that if Kyagulanyi decided to apportion any blame, he should direct it to his lawyers who failed to prosecute the petition. Before reading the ruling, Justice Owiny-Dollo made a word of caution.<\/p>\n

\u201cYou might not like a certain individual,\u201d said Justice Owiny- Dollo, \u201cBut it does not mean that you have to attack the entire institution. This is our country. It is not just for a few people,\u201d he said. When pleading with the Supreme Court not to condemn Mr Kyagulanyi to costs, his lawyer Medard Lubega Sseggona conceded that since Mr Museveni had already won the election, his victory was enough compensation and there was no need for him to get money from Kyagulanyi who lost. Bobi petitionMr Robert Kyagulanyi, alias Bobi Wine ran to court on February 1, 2021, accusing the Electoral Commission of fraudulently declaring Museveni as winner of the January 14 elections with 58 percent of the total votes cast.On Museveni\u2019s part, Kyagulanyi who scored 35 percent of the total votes accused him of bribery, intimidation, ballot-stuffing and sponsoring violence, which resulted in arrests and death of people during the election process.<\/p>\n

On his part, the Attorney General was accused of failure to put in place the recommendations arising from the previous Presidential Election Petitions aimed at improving the electoral processes in the country.As such, Kyagulanyi asked court to nullify Museveni\u2019s victory and order fresh elections.But after losing two applications; one seeking to amend his petition and another seeking more time to adduce more evidence in the case, Kyagulanyi became frustrated and decided to withdraw the petition as altogether.<\/p>\n","protected":false},"excerpt":{"rendered":"

Africa-Press – Uganda. The Supreme Court was thrown into pandemonium yesterday afternoon after Justice Esther Kisakye\u2019s file was confiscated before she read her ruling on Robert Kyagulanyi Ssentamu\u2019s withdrawn petition challenging Mr Yoweri Museveni\u2019s election victory. \u201cI informed the court that I will be delivering my consolidated rulings on the four applications. My colleagues have […]<\/p>\n","protected":false},"author":84,"featured_media":6617,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,7,8,12],"tags":[233,240,234],"class_list":["post-6618","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-head-lines","category-homepage-english","category-policy","tag-africa-press","tag-africa-press-uganda","tag-uganda"],"yoast_head":"\nDrama at Supreme Court as judges clash over Bobi case - Uganda<\/title>\n<meta name=\"description\" content=\"The Supreme Court was thrown into pandemonium yesterday afternoon after Justice Esther Kisakye\u2019s file was confiscated be ...\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Drama at Supreme Court as judges clash over Bobi case\" \/>\n<meta property=\"og:description\" content=\"The Supreme Court was thrown into pandemonium yesterday afternoon after Justice Esther Kisakye\u2019s file was confiscated be ...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case\" \/>\n<meta property=\"og:site_name\" content=\"Uganda\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/AfricaPressTunisiaa\" \/>\n<meta property=\"article:published_time\" content=\"2021-03-19T13:01:49+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/static.africa-press.net\/uganda\/sites\/34\/2021\/03\/img-605499e442e47.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"720\" \/>\n\t<meta property=\"og:image:height\" content=\"480\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"cfeditoren\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"cfeditoren\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"6 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case\"},\"author\":{\"name\":\"cfeditoren\",\"@id\":\"https:\/\/www.africa-press.net\/uganda\/#\/schema\/person\/068c7ab4e9634ae78ec5d54ec46598bb\"},\"headline\":\"Drama at Supreme Court as judges clash over Bobi case\",\"datePublished\":\"2021-03-19T13:01:49+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case\"},\"wordCount\":1149,\"commentCount\":0,\"image\":{\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case#primaryimage\"},\"thumbnailUrl\":\"https:\/\/static.africa-press.net\/uganda\/sites\/34\/2021\/03\/img-605499e442e47.jpg\",\"keywords\":[\"Africa Press\",\"Africa Press-Uganda\",\"uganda\"],\"articleSection\":[\"all news\",\"head lines\",\"homepage-english\",\"policy\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case\",\"url\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/drama-at-supreme-court-as-judges-clash-over-bobi-case\",\"name\":\"Drama at Supreme Court as judges clash over Bobi case - 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