{"id":6732,"date":"2021-03-21T17:19:38","date_gmt":"2021-03-21T17:19:38","guid":{"rendered":"https:\/\/www.africa-press.net\/uganda\/?p=6732"},"modified":"2021-03-21T16:40:53","modified_gmt":"2021-03-21T16:40:53","slug":"inside-fallout-at-supreme-court","status":"publish","type":"post","link":"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court","title":{"rendered":"Inside fallout at Supreme Court"},"content":{"rendered":"<p><span style=\"color: #ff6600\"><strong><a href=\"https:\/\/www.africa-press.net\/\">Africa-Press<\/a> &#8211; <a href=\"https:\/\/www.africa-press.net\/uganda\">Uganda<\/a>. <\/strong><\/span>Nine Supreme Court justices have since February been sauntering from the court\u2019s building into a tent erected in its compound, to hear or give a ruling on a matter in the presidential election petition that National Unity Platform (NUP) leader Robert Kyagulanyi, aka Bobi Wine, filed against President Museveni\u2019s victory.<\/p>\n<p>The optics were good: Justice Mike Chibita, the tallest of the lot, would lead the way. Justice Percy Tuhaise would come last, and the Chief Justice Alfonse Owiny-Dollo would be in the middle. Justices Stella Arach-Amoko, Faith Mwondah, Rubby Aweri-Opio, Esther Kitimbo Kisaakye and Ezekiel Muhanguzi completed the roster.<\/p>\n<p>But beneath the collegiality and the diplomatic smiles were smouldering tensions, which eventually spilled over into the public domain on Thursday afternoon. Justice Kisaakye, the longest-serving member of the Bench, was left all alone in a tent that was enveloped in darkness, with power and consequently the public address system, switched off. In the tent, the judge was lamenting before the cameras. She alleged that her file containing her ruling had been confiscated on the orders of Justice Owiny-Dollo.<\/p>\n<p>\u201cMy reasoning in the ruling we have made in the presidential petition, which was withdrawn recently,\u201d Justice Kisaakye started out, \u201cI instructed my staff to put my ruling here for delivery. The Chief Justice and other members of the Coram have opted not to be part of this afternoon\u2019s proceedings and I respect their decision.\u201d<\/p>\n<p>She added: \u201cHowever, what\u2019s of surprise to me is that my file has been confiscated on the orders of the Chief Justice. I\u2019m going to proceed in the court building to recover my file and I will come back and read my ruling today as scheduled.\u201d<\/p>\n<p>The court had spent the entire morning giving detailed reasoning why they had rejected two of Mr Kyagulanyi\u2019s applications, in which he sought to amend his petition, and also one in which he wanted his more than 200 additional affidavits allowed out of time.<\/p>\n<p>The majority in their ruling cited \u201cdemocracy\u201d and the importance of not scaring away would-be petitioners inter-alia as the ground to spare Mr Kyagulanyi from having to pay costs to the parties he had sued in the withdrawn petition. This was against the wishes of the Attorney General, Mr Museveni and the Electoral Commission, whose legal teams had cited provisions within the Presidential Elections Act arguing that it was automatic that if a person withdraws a presidential petition, he pays a price.<\/p>\n<p>Before midday on Thursday, the eight justices were through with reading their joint ruling, and the stage was set for Justice Kisaakye to read her \u201cdissenting\u201d ruling, but Chief Justice Owiny-Dollo said they had to take a break and he promised they would be back to complete the job by 1:30pm.<\/p>\n<p>Instead, Judiciary sources, who asked not to be named, said when the judges retreated to their chambers, it became apparent that they didn\u2019t want to go and be part of Justice Kisaakye\u2019s session in the afternoon.<\/p>\n<p>The culture at the Supreme Court and the Court of Appeal, which doubles as the Supreme Court, is that since they work in coram, judges share their rulings or judgements before the day of reading them for everyone to know how the other had decided but judges at the Supreme Court accused Justice Kisaakye of keeping them in the dark about her decisions and reasoning. They said she prefered to ambush them in court as she reads her rulings.<\/p>\n<p>While the Chief Justice was okay with returning to court for Justice Kisaakye to do her bit, sources say other justices made it clear they weren\u2019t returning and asked him to adjourn the matter until Justice Kisaakye disclosed her ruling to them.Justice Owiny-Dollo was left with no choice, according to our sources, and he accordingly summoned the Attorney General, Mr William Byaruhanga; Mr Museveni\u2019s legal team led by Mr Ebert Byenkya and Mr Kiryowa Kiwanuka; and the Electoral Commission\u2019s legal team led by Mr Joseph Matsiko and Mr Elison Karuhanga, and informed them about their decision not to return to court as they had promised until Justice Kisaakye first released her ruling to them. \u201cIt was more about them wanting to know what issues they agreed to than those they disagreed,\u201d a lawyer who attended the meeting but asked not to be named, said. When the meeting was done, the three sets of lawyers left for their cars as soon as it became apparent that Justice Kisaakye had insisted on reading her ruling whether the other judges attended or not. For a moment, there was a sense of confusion as journalists couldn\u2019t understand why Justice Kisaakye was seated alone in a tent, with power switched off yet the lawyers were leaving one after another. Only Mr Kyagulanyi\u2019s lawyers stayed put. When Justice Kisaakye waited for minutes for her file and it became apparent that it wasn\u2019t coming, she walked back to the court building and for some minutes, security officers at the court promises were telling a journalist to go away. The expectation was that Justice Kisaakye wasn\u2019t going to have her way, but a few minutes later, she returned with what she termed as \u201ca carbon copy\u201d of her ruling. She first sought to clarify the standoff at the highest court in the country.<\/p>\n<p>\u201cWhile it is good practice for members of the court to circulate their draft ruling to colleagues, there is no law in Uganda that I\u2019m aware of that requires me to do so,\u201d Justice Kisaakye said before she read out the details of her ruling, which took hours. \u201cAs you heard from the rulings, the 45 days required to finalise this matter constrained me to do so.\u201d<\/p>\n<p>Before judges who are on a panel come to court, the practice in Uganda\u2019s Supreme Court is that they meet, say, in the Chief Justice\u2019s chambers, or the boardroom, and they agree on how to proceed.<\/p>\n<p>\u201cThe meeting,\u201d a retired Supreme Court judge, who asked not to be named, explained, \u201chelps the Chief Justice to organise well by knowing the stand of each member and how they are doing. One might be sick and the Chief Justice doesn\u2019t know.\u201d This meeting, according to some justices interviewed for this story, becomes critical on the day the judges are set to deliver either a judgment or ruling as it helps them to know clearly who is in the majority and those in the minority. Judges accused judges Kisaakye of consistently missing such meetings and they insisted that the Chief Justice should call her to order- even if it came with bad press.<\/p>\n<p>\u201cA judge having a dissenting judgment or ruling isn\u2019t new,\u201d one of the Justices on the panel, who preferred anonymity, said. \u201cIn fact, everybody knew that Justice Kisaakye had dissented in one of the issues in the Kyagulanyi case \u2026 but we find it disrespectful that she doesn\u2019t attend meetings and she also doesn\u2019t circulate her draft judgments or rulings. That\u2019s not how things work.\u201d<\/p>\n<p>Justice Kisaakye was together with Justice Owiny-Dollo and others, interviewed for the Chief Justice job last year. The job finally went to Justice Owiny-Dollo. When Chief Justice Bart Katureebe retired in June last year, Justice Kisaakye was the most senior judge at the Supreme Court and some thought her seniority would propel her to the highest office in the Judiciary. There was a precedent: Justice Katureebe was the most senior judge at the Supreme Court when Chief Justice Benjamin Odoki retired in 2013 and he replaced him later in 2015.<\/p>\n<p>Judiciary staff say before Justice Kisaakye competed for the Chief Justice job, she had years earlier tried without success to become the Deputy Chief Justice.<\/p>\n<p>When the retired Justice Katureebe was Chief Justice, there were again some issues involving Justice Kisaakye but different Judiciary sources say Justice Katureebe acted differently to the way Justice Owiny-Dollo has.<\/p>\n<p>A year ago, Justice Kisaakye sued former Supreme Court Judge George Kanyeihamba and a one Michael Kalule Buwembo for alleged defamation, invasion of privacy, unlawful conduct over allegations against her that were contained in a letter Prof Kanyeihamba wrote to former Chief Justice Katureebe and the letter was published in a book by Mr Buwembo.<\/p>\n<p><b>Justice Kisaakye\u2019s ruling<\/b><\/p>\n<p>Not much has been said about the ruling Justice Kisaakye readout while making corrections to it at the same time. Essentially, Justice Kisaakye, who joined the Supreme Court in 2009, having been tapped from the Makerere University Law School, agreed with the majority ruling of the judges that Mr Kyagulanyi couldn\u2019t amend his presidential petition, reasoning that there is no law that supports such and that he couldn\u2019t pay costs.<\/p>\n<p>Justice Kisaakye specifically disparaged as \u201cunconstitutional\u201d provisions of the Presidential Elections Act that somehow make it apparent that a petitioner pays costs the moment he or she withdraws a presidential petitioner before it\u2019s logically determined.<\/p>\n<p>Justice Kisaakye\u2019s departure from others was mainly on the issue of additional affidavits that Mr Kyagulanyi\u2019s legal team couldn\u2019t file in court as they failed to meet the deadline set by the court in their presence. In the detailed majority ruling, which was read by Justice Mugamba, the eight judges insisted that allowing Mr Kyagulanyi to file more 200 affidavits out of time would have meant that the respondents would have needed more days to respond and this would have eaten up much of the constitutionally laid out 45 days in which they are supposed to deliver a judgment. Justice Kisaakye believed Mr Kyagulanyi\u2019s narrative that he couldn\u2019t collect evidence in time because he was under incarceration from election day until the High Court intervened and declared his detention illegal on the prompting of Mr Kyagulanyi\u2019s lawyers.<\/p>\n<p>The judge squarely put the blame on President Museveni. \u201cThe first respondent [Museveni] is the commander-in-chief [of the armed force] and also the president-elect. He appoints the Chief of Defence Forces and you can\u2019t say he wasn\u2019t in the know of the petitioner\u2019s incarceration. It\u2019s possible that he is the one who sanctioned it,\u201d Justice Kisaakye ruled.<\/p>\n<p>\u201cThe framers of the Constitution didn\u2019t envisage that an incumbent [Museveni] would restrict movements of his opponents,\u201d she added.Justice Kisaakye\u2019s latest disagreement with the majority at the Supreme Court has further enhanced her label of being \u201ca dissenting judge\u201d because she has dissented in most critical judgments.<\/p>\n<p>Background<\/p>\n<p>Kisaakye\u2019s other rulingsLast year, sitting as a single judge of the Supreme Court, she triggered a debate in Uganda\u2019s criminal justice system, when she ruled that it\u2019s unconstitutional to allow a convicted person out on bail pending appeal. \u201cThe reasoning that a convicted person should be allowed to first exhaust all his rights of appeal before he can start serving his sentence in our legal system is flawed,\u201d she argued.<\/p>\n<p>In 2013, Justice Kisaakye was on the Coram of seven justices who heard an application filed by four National Resistance Movement (NRM) party MPs who had been provisionally locked out by a ruling delivered by the Constitutional Court.<\/p>\n<p>The MPs were Theodore Ssekikubo (Lwemiyaga), Wilfred Niwagaba (Ndorwa East), Muhammad Nsereko (Kampala Central) and Barnabas Tinkasiimire (Buyaga West).Justices Christine Kitumba and Galdino Okello ruled that the MPs should go back to Parliament. Justice Kisaakye had different ideas.\u201cIn my view, Article 132 of the Constitution only vests this court appellate jurisdiction to hear from decisions of the Constitutional Court.It does not vest in this court supervisory powers to police the Constitutional Court in every incidental or interlocutory decision the Constitutional Court makes in the course of hearing a constitutional petition,\u201d Justice Kisaakye said.She additionally disagreed with fellow judges, arguing that the MPs had no right of appeal to the Supreme Court, on interim decisions made so far by the Constitutional Court.<\/p>\n<p>\u201cI entirely agree with the first part of the majority\u2019s ruling that there is no right of appeal granted under Article132 (3) of the Constitution from interlocutory decisions made by the Constitutional Court. With all due respect \u2026 I respectfully disagree with the majority that the two rulings made by the Constitutional Court on the admissibility of the affidavits evidence of President Museveni and the Coram of the Court of Appeal sitting as Constitutional Court are appealable as of right because there weren\u2019t final decisions,\u201d Justice Kisaakye said.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Africa-Press &#8211; Uganda. Nine Supreme Court justices have since February been sauntering from the court\u2019s building into a tent erected in its compound, to hear or give a ruling on a matter in the presidential election petition that National Unity Platform (NUP) leader Robert Kyagulanyi, aka Bobi Wine, filed against President Museveni\u2019s victory. The optics [&hellip;]<\/p>\n","protected":false},"author":84,"featured_media":6731,"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-6732","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":"<!-- This site is optimized with the Yoast SEO Premium plugin v26.1 (Yoast SEO v27.0) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ -->\n<title>Inside fallout at Supreme Court - Uganda<\/title>\n<meta name=\"description\" content=\"Nine Supreme Court justices have since February been sauntering from the court\u2019s building into a tent erected in its com ...\" \/>\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\/inside-fallout-at-supreme-court\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Inside fallout at Supreme Court\" \/>\n<meta property=\"og:description\" content=\"Nine Supreme Court justices have since February been sauntering from the court\u2019s building into a tent erected in its com ...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court\" \/>\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=\"2021-03-21T17:19:38+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/static.africa-press.net\/uganda\/sites\/34\/2021\/03\/img-605776f8b5e73.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=\"10 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\/inside-fallout-at-supreme-court#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court\"},\"author\":{\"name\":\"cfeditoren\",\"@id\":\"https:\/\/www.africa-press.net\/uganda\/#\/schema\/person\/068c7ab4e9634ae78ec5d54ec46598bb\"},\"headline\":\"Inside fallout at Supreme Court\",\"datePublished\":\"2021-03-21T17:19:38+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court\"},\"wordCount\":2072,\"commentCount\":0,\"image\":{\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court#primaryimage\"},\"thumbnailUrl\":\"https:\/\/static.africa-press.net\/uganda\/sites\/34\/2021\/03\/img-605776f8b5e73.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\/inside-fallout-at-supreme-court#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court\",\"url\":\"https:\/\/www.africa-press.net\/uganda\/all-news\/inside-fallout-at-supreme-court\",\"name\":\"Inside fallout at Supreme Court - 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