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Bobi Wine amends election petition

Robert Kyagulanyi

Robert Kyagulanyi

National Unity Platform (NUP) presidential candidate Robert Kyagulanyi Ssentamu aka Bobi Wine has amended the election petition challenging the outcome of the just-concluded presidential race. 

According to results released by the Electoral Commission, Yoweri Kaguta Tibuhaburwa Museveni, the incumbent and candidate of the National Resistance Movement (NRM) party, a 58 per cent majority, against Kyagulanyi's score of 35 per cent in a race that attracted 11 candidates.
But in the amended petition filed in the Supreme court, Kyagulanyi contends that as an incumbent, Museveni was ineligible to take part in the January 14, presidential election. Kyagulanyi states Museveni was not qualified for election as president while in the office of the Head of State, Head of Government, Commander in Chief and chairperson of the National Security Council.

He adds that because Museveni was the incumbent, he abused the presidency by commanding or directing forces under his command, control and authority such as the Special Forces Command (SFC), Uganda People’s Defence Forces, Uganda Police Force, the Internal Security Organisation, Resident District Commissioners, Local Defence Unit and Special Police Constables to brutalize, torture, maim and assault him, his agents and supporters. He adds that the forces also interfered with the electoral process to his benefit.

Kyagulanyi’s amended petition also alleges that Museveni, during the election period, in the exercise of his powers as commander in chief, reshuffled forces with personnel ‘notorious for brutality and partisanship’ such as his son Lt. Gen. Muhoozi Kainerugaba who was appointed as commander of SFC and Maj. Gen. Paul Lokech who was appointed as the deputy IGP,  who then, according to him, perpetrated electoral violence and brutality against Kyagulanyi, other candidates and their respective agents and supporters.

Kyagulanyi also alleges that Museveni used his powers as the president to use government resources for the purpose of campaigning when he caused the disbursement of resources, during the election period, to the ‘EMYOGA’ poverty eradication initiative solely to influence and win the support of the beneficiaries.

“Cumulatively, the above acts…created insecurity and seriously compromised freedom, fairness and voter turnout in the 2021 presidential elections particularly in the petitioner’s stronghold districts/cities of Kampala, Wakiso, Mukono, Mpigi, Gulu, Masaka, among others where the electorate was greatly intimidated, terrified and horrified thereby affecting the percentage of voter turnout…,” Kyagulanyi’s petition reads in part.

Kyagulanyi also lists a number of cases where Museveni allegedly bribed off his supporters to change their allegiance. Among those listed that were given money, cars, and other inducements include Ashburg Kato, Ronald Mayinja, Bosmic Otim, Jenniffer Nakangubi commonly known as Full Figure, Abbey Sewakiryanga who is also known as Basajjamivule, and Andrew Mukasa Bajjo, among others.

He also names a number of NUP former parliamentary candidates who were allegedly bribed to abandon the party in different parts of the country. These include Jasper Ayebare who was the Rubanda East candidate and coordinator in Kigezi sub-region, Ochira Bosco Lawino, a former NUP registrar and coordinator of for Nwoya district, Angalia Godwin Kasigwa, a former NUP parliamentary candidate for Buliisa County, and Sanya Wycliffe, the NUP parliamentary candidate for Samia Bugwe South among others.

Last week, Kyagulanyi wanted to file the amended petition but the Supreme court registrar declined the request saying that it was only the full panel of the court that could grant him the leave to amend the petition.

“I have been advised by my lawyers, whose advice I verily believe to be true and correct, that the newly established information, further particulars, grounds and prayers are necessary and can only be introduced by way of an amended petition…My lawyers advised me that I was still within the prescribed time to amend my petition without leave of court,” Kyagulanyi’s affidavit in support of the request to amend the original petition reads.

Now court has set tomorrow February 9, as the date to hear and determine whether the amendment should be accepted. Oscar Kihika, the director legal affairs at the National Resistance Movement (NRM) says the ruling party is putting up an objection to the amendment. Kihika, however, said that the action by Kyagulanyi and his lawyers to petition court cannot be discredited because they are exercising their Constitutional rights.

“We are informed about the amendments made by the petitioners and on Tuesday, this application will be heard. Our team is following the matter and will accordingly respond to the amendments,” he told journalists at the NRM headquarters in Kampala.

In the initial petition filed, Kyagulanyi listed 26 grounds to prove that Museveni was not validly declared the winner of the January 14, 2021 election and called upon the highest court in the land to invalidate the results.

Some of the arguments in the petition are that the Attorney General neglected or refused to amend or cause the amendment to the relevant laws which would ensure a free and fair election as directed by the Supreme court in the Amama Mbabazi 2016 presidential election petition.

He also faulted the Electoral Commission for arbitrarily, irrationally and indefinitely banning election campaign meetings in Kampala Jinja, Kabale, Kalungu, Masaka, Tororo, Luwero, Wakiso, Mukono, Buikwe, Buvuma, Mukono, Kayunga, Mbarara, Kabarole, Fort Portal City, Kasese and Kazo. According to Kyagulanyi, which frustrated his right to associate, assemble and interface with the electorate among others.

The respondents in the petition including the Attorney General, Electoral Commission and the president-elect lawyers have since made their responses to the filed petition, ahead of the pre-trial conference on Thursday. In the pre-trial conference, the parties to the petition will review and agree on the grounds that need the court's pronouncement.

A team of 40 lawyers from five law firms has been set up to represent Museveni. They, however, will all use the address of K & K Company Advocates which is the lead law firm for Museveni in this case. 

Comments   

+1 #11 WADADA rogers 2021-02-09 11:00
So all along Ismail's full name is Ismail Rutagirenda, no wonder he is Rutagirenda, a cousin to kapunu-mana, he is one of those state agents paid to soil others and to defend the regime
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-1 #12 Mama Mia 2021-02-09 16:35
Quoting Opolot:
Mama Mia, your lack of basic civility truly reflect the qualities of the monster you are speaking for.

I truly believe that this world would have been a better place without villains of your ilk. So being Bobi's wife makes Barbie a 'Nyaru malaya'?

A thing of your level of civility should only speak with assistance from someone with a working head. The time and energy spent birthing people of your kind should have been spent digging pit latrines.


Let's begin with the first things first: why do you hide behind an Iteso username when it is crystal clear that all Iteso community rejected Kabobi Swine?

You are either a Nyaru trying to hide the truth or a professional pit latrine digger in magere area.

If I was to take civility lessons, I would do so from established educational institutions not from fake MDD diploma holders. Wewe ni nzi ire ambayo inafata vinyesi kwenye latrine. Shenzi kabisa!!!!
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0 #13 Ruhindi 2021-02-09 17:00
“There are two types of people who will tell you that you cannot make a difference in this world: those who are afraid to try and those who are afraid you will succeed.”
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0 #14 Akot 2021-02-09 19:19
Quoting WADADA rogers:
So long as M7 is still the tenant at state house and so long as that panel of judges was appointed by him, there is no amount of amendment that will secure a win for Bobi, instead, the petition will help make M7 fraudulent election more legitimate even when it was not.

M7 will use that as an excuse to keep off external pressure saying even his alleged victory was confirmed by the supreme court. Its a pity.


Thanks!

Bobi Wine continues to bolster Museveni, instead of calling for UNITY & UPRISING to reject the result of that election that Ugandans should have NEVER gon for!
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0 #15 Akot 2021-02-09 19:42
Ismail, understood.

So, US that has 8 years maximum for presidency, will go on financing Museveni in power for 35 years?

US, EU, UK, ICC.. will go along helping Museveni rule till 2026 right?

Will J. Biden still be in office in 2026?

But of caurse, it's Ugandans keeping Musevni in power so USA/EU/UK... will go along & ensure the demon's 40 years in power!

Funny, Boris Johonson had to call for early elelction, to assure his 5 year term, while D. Trump couldn't get second 4 year term!

European countries have had at least 5 leaders since 1986!

But these developed democracies are alright financing looter, dictator, election rigger, oppressive Museveni, to ensure his 40 Years in post!
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0 #16 Kalemera 2021-02-09 21:23
Quoting WADADA rogers:
So long as M7 is still the tenant at state house and so long as that panel of judges was appointed by him, there is no amount of amendment that will secure a win for Bobi, instead, the petition will help make M7 fraudulent election more legitimate even when it was not.

M7 will use that as an excuse to keep off external pressure saying even his alleged victory was confirmed by the supreme court. Its a pity.


That this was downvoted tells you the levels of comprehension the typical Ugandan has.
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