There was panic at the Supreme Court after the Chief justice Alfonse Owiny-Dollo confiscated files containing the rulings in the presidential election petition filed by former presidential candidate Kyagulanyi Ssentamu Robert aka Bobi Wine.
Earlier today, Supreme Court judge Esther Kisakye accused the chief justice of confiscating a file containing her minority ruling in the Kyagulanyi election petition.
She said; “the file containing her minority ruling in the matter was confiscated on orders of the Chief Justice. I am going to look for my file. It was supposed to be read as we delivered the ruling.” She said
She added “I felt it my constitutional duty to disobey the unlawful orders of the Chief Justice and to fulfil my duties as a member of this quorum,” Justice Esther Kisakye says. She adds that CJ Owiny-Dollo wanted her minority ruling to be read at a later date.
Today the Supreme Court confirmed the Election of President Yoweri Kaguta Museveni after allowing the withdrawal of National Unity Platform’s (NUP) President Robert Kyagulanyi Ssentamu’s Election Petition. They allowed the withdrawal of the matter and ordered no cost for both parties.
Justices Rubby Opio Aweri, Paul Mugamba and Ezekiel Muhanguzi read the Court rulings.
In tandem, the Bobi Wine asked Justice Owiny Dollo, Mike Chibita to back off from hearing the matter because of a clear conflict of interest.
The chief justice has been on the spot for among others hosting the president and asking him to implement a number of things yet he is presiding over a petition in which Bobi wine was challenging Mr. Museveni’s victory in the January elections.
Bobi wine said Chief Justice represented Museveni as his lawyer in the presidential petition filed by Dr. Besigye in 2001 and the former DPP Chibita is Museveni’s former private secretary for seven years. However Dollo declined to recuse himself from the bench.
On Thursday 14th January, 2021, the Electoral Commission conducted presidential elections where Ugandans exercised their constitutional rights of choosing a president who will lead them through a five year term. Uganda has a total 18,103,603 registered voters and 34,684 polling stations however only 10,350,819 people turned up to vote.
The presidential election which comprised 11 candidates was won by President Yoweri Museveni Tibuhaburwa Kaguta who got 6,042,898 (58.38%). His closest opponent Kyagulanyi Robert Sentamu got 3,631,437 votes (35.08%).
On 1st February 2021, Bobi Wine petitioned the Supreme Court challenging President Yoweri Museveni’s victory in the just concluded January general elections saying that the election was not free and fair.
He contended that throughout the campaign period the People of Uganda generally, and more particularly his supporters endured untold suffering, torture, degrading and inhuman treatment on the orders of Gen Museveni. He cited the dark days of 18th and 19th November 2020 which saw over 50 innocent, unarmed citizens murdered in cold blood by the police and military.
Last month the Supreme Court declined to receive over 200 pieces of evidence from his lawyers who were led by Anthony Wameli. The court registrar Harriet Ssali Lukwago said the Supreme Court could not receive the affidavits because they were filed beyond stipulated time as agreed during the pre-hearing session held last month.
“Among the rejected evidence included the affidavits of the NUP secretary general Lewis Lubongoya, videos of pre-ticket ballots, and evidence of various polling stations where the incumbent got 100 percent. At Lwaweba polling station where they claim that Museveni got 100 percent seven of my relatives who votes from that station didn’t vote, two pregnant women were in the labour ward and two were arrested,” Bobi recounted.
In February Supreme Court chaired by the chief Justice Alfonso Owiny-Dollo dismissed the MPs petition where he sought to adduce more grounds to support his 26 claims of election fraud, for which he wants president-elect Yoweri Kaguta Museveni annulled.
In the fresh grounds, Bobi contended that Mr Museveni was not qualified as Candidate and could not lawfully Contest in the Presidential Elections being a person in command of military and police contrary to Presidential Elections amendment Act and the Constitutional Amendment