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Court dismisses Kyagulanyi's application to amend election petition

NUP lawyer Medard Lubega Sseggona

NUP lawyer Medard Lubega Sseggona

The Supreme court has hit an early blow to National Unity Platform (NUP) former presidential candidate Robert Kyagulanyi by dismissing submitted amendments to the originally filed election petition.  

In addition to his initial 26 allegations and grounds calling for the annulment of President Yoweri Museveni's election victory, Kyagulanyi who is disputing the results of January 14 general elections, sought to challenge Museveni's eligibility to stand for the presidency without first relinquishing his powers as president. 

Kyagulanyi ran to court after the EC declared Museveni winner of the January 14 presidential elections. According to poll results announced by the EC chairperson justice Simon Byabakama, Museveni garnered 58 per cent of the total votes cast against Kyagulanyi's 35 per cent.  

The Supreme court justices led by the chief justice Alfonse Owiny-Dollo noted that the amendment raises new matters which were not part of Kyagulanyi’s original application. To the court, this is contrary to the laws governing presidential election petitions that follow strict and fixed timelines.

They also noted that issues regarding amendments on irregularities arising from electoral processes such as during transmission of declaration result (DR) forms and the electoral offences allegedly committed by Museveni are already covered in the original petition, arguing that there is no need to add them. 

In their ruling read by justice Stellah Arach Amoko, the justices encouraged Kyagulanyi through his lawyers to bring evidence during the hearing supporting the said issues, which are already in the original petition. They promised to offer a detailed explanation of their decision arising from the main petition.

Kyagulanyi's lawyers led by Medard Lubega Sseggona told journalists that they are dissatisfied with the court decision. He, however, said that they have nothing to do since the Supreme court is the last judicial structure of the country.  

In his petition, Kyagulanyi said the elections were marred with voter bribery, intimidation, arrests of his agents, violence that resulted into death and favouritism among others. He asked court to overturn Museveni's victory and order fresh elections. But since he had spent 10 days under house arrest yet the law provides that presidential election petitions be filed within 15 days, Kyagulanyi couldn’t file the application in time since he was confined by security at his residence.

Kyagulanyi told court after filing the election petition, that he had come across new evidence of noncompliance with electoral laws by Museveni and wanted to bring it to the attention of the court for further investigations. Earlier, the three respondents to application namely Museveni, Electoral Commission and Attorney General had asked court to dismiss the application with costs on grounds that the law governing presidential election petitions don't permit for amendments to the application to introduce new matters.

EC was represented by lawyers led by Joseph Matsiko, Eric Sabiiti and Alfred Okello Oryem. Museveni was represented by Ebert Byenkya while the attorney general William Byaruhanga and solicitor general, Francis Atooke represented the government. The court is scheduled to start hearing the main petition in the Parking Yard of the Supreme court on Thursday this week under tents because of COVID-19 restrictions.

Comments   

0 #1 Mama Mia 2021-02-10 01:23
Very good!!! Because Kabobi Swine and his backers are all the same birds flocking together, none of them knows what is constitutional acceptable.

They just do things gafura, katonda ampadde style and this time they have run into the path of the learned friends and the result is history. Hihihi!!!!

And this is just the beginning of exposing the fake MDD diploma guys andbrokers. Again hihihi!!!! And lastly, remember I told you about the most frivolous petition in history this will turn out to be and you can see for yourselves.

But Kabobi Swine being a serial fraud, he will continue flapping his wide mouth. Pumbavu!!!!
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+1 #2 Rwatooro 2021-02-10 04:38
KARUGIRE and the team in State House. The SFC commanded by the SON MUHOZI will hand over the FINAL NINE judgments to Owinyi Odola and his team, 30 min before ending the case to read to Kyagulanyi's team and the public.

This will mark the closing judgment, and M7 will be declared the winner. Look at the judges presiding the case how dubious they are.

Start with MICHEAL CHILUBA, how he manipulated the case of the late Wilberforce Wamala and ended up destroying all the evidence and the file, frustrating the wife, and sharing the late Wamala's properties.

How fairly can he rule on this case? Unfortunately, we are being ruled by a foreigner who has questionable integrity and patriotism for the country Uganda. Let us wake up and fight a dictator who is aiming at killing the youth.
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+1 #3 Rwatooro 2021-02-10 04:39
A final judgment for each judge to read at the final judgment is already drafted and completed by KARUGIRE and the team in State House. The SFC commanded by the SON MUHOZI will hand over the FINAL NINE judgments to Owinyi Odola and his team, 30 min before ending the case to read to Kyagulanyi's team and the public.
This will mark the closing judgment, and M7 will be declared the winner.

Look at the judges presiding the case how dubious they are. Start with MICHEAL CHILUBA, how he manipulated the case of the late Wilberforce Wamala and ended up destroying all the evidence and the file, frustrating the wife, and sharing the late Wamala's properties. How fairly can he rule on this case?

Unfortunately, we are being ruled by a foreigner who has questionable integrity and patriotism for the country Uganda. Let us wake up and fight a dictator who is aiming at killing the youth.
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0 #4 Wainanchi 2021-02-11 02:27
@Mama Mia-- Do I need to add anything else to what you said?No!!

Well said musaja! Vebale mumonga brother!
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0 #5 kabayekka 2021-02-11 03:30
One wonders how much is the taxpayer's money is being spent in this African political adventure which surely is the creation of the Parliament of Uganda.

And yet part of the job of this honorable parliament is to oversee the proper expenditure of government revenue every day of the financial year.
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0 #6 kabayekka 2021-02-11 03:37
The government accountant or auditor would surely do the taxpayer of this country a favour by announcing how much money is being spent on these self made political adventures every 10 years.

And is it worthwhile every shilling that is being. Is it good value for the money spent as this poor country is locked up in the international plague of COVID19?
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0 #7 kabayekka 2021-02-11 03:49
This country was asked to give up all its lifetime last year to recover itself from the international plague of COVID19.

Is it again being asked to give up the same for some people to win or retain their jobs when many people in this country have lost their livelihood because of this terrible pandemic? This is very selfish indeed for some of these African leaders!
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