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.
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.