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Defiant Owiny-Dollo refuses to recuse self from Bobi Wine petition

CJ Alfonse Owiny-Dollo

CJ Alfonse Owiny-Dollo

The chief justice Alfonse Owiny-Dollo has declined to step down from being part of a panel hearing the case in which National Unity Platform president, Kyagulanyi Ssentamu Robert is challenging the election victory of President Yoweri Kaguta Tibuhaburwa Museveni.

The panel of nine justices is headed by the chief justice himself. Although Kyagulanyi has since announced the withdrawal of the case citing bias by the Supreme court, city lawyer Male Mabirizi Kiwanuka had in an earlier application asked the chief justice to excuse himself from the case because he was a defense lawyer for Museveni in a similar case in 2006. Mabirizi also accused Owiny-Dollo of meeting Museveni at State House after Kyagulanyi filed his petition.

The Judiciairy has since defended the chief justice saying he met Museveni in his capacity as chief justice for official duties and nothing to do with the Kyagulanyi petition. In his ruling today, Owiny-Dollo did not immediately give the reasons why he was refusing to recuse himself from hearing the petition.

“I have listened carefully to the submissions by the applicant, well-argued; for the reasons I will give in my detailed ruling to be delivered on notice, I decline to recuse, I find no merit in the application,” Owiny-Dollo said.

During the hearing, Mabirizi had argued that as a former lawyer to Museveni, Owiny-Dollo couldn’t possibly be just to the petitioners.

“I have said since My Lord was a hired lawyer, ask any reasonable man, they will tell you that a former lawyer can’t try his client," Mabirizi argued. "I don't have any personal grudge against you. I have no grudge about your capacity. I have actually won several cases before you.”

When Mabirizi talked about a reasonable person, Owiny-Dollo asked him whether he was reasonable himself.

“Yes, I’m beyond a reasonable person,” Mabirizi said sending the whole court in laughter.

Owiny-Dollo also asked Mabirizi how he was able to be vetted by parliament as chief justice well knowing that he was a lawyer for Museveni in the 2006 case. He wondered whether 2006 is not far long a time that what happened then cannot influence his decisions now.

In response, Mabirizi told Owiny-Dollo that even if there were no such strong grounds like he was raising, he should just recuse himself on moral grounds. 

“I'm saying that there's no vindication against the judge but for the sake of the public you should recuse yourself even if there are no grounds for recusal," Mabirizi said. "The moment someone says that recuse you must go to give the public a feel of court."

Meanwhile, court also heard Mabirizi’s other application demanding that it reviews its decision declining to grant leave of court to Kyagulanyi to amend his petition and introduce new grounds on which to challenge Museveni’s victory. The judgement will be given on notice.

About two weeks ago, court dismissed the application without giving any reasons. The two dismissals, including one to file evidence beyond the agreed time and complaints about the impartiality of the judges is what Kyagulanyi said drove him to withdraw the case. His lawyers however are yet to officially notify the court. 

Comments   

-3 #11 Kalibbala 2021-02-23 23:24
The Curse, Kisiraani and Enemy of Humanity said it Himself that pushed against the Wall, He recalls his Notorious Robbers Army (NRA) tactics to Hoodwink, Kill and Maim Ugandans without No Case to Answer!

Today in the Jungles of Mukono his Son Kibuule is Training Could be Guerrillas to Blame NUP !!

All this Theater of Elections is the Same Script written by Himself and his Effigies, Besigye, Muntu , Tumukunde, Otafiire, Tinyefuuza and Salim Saleh (Rufu-Death)!

All These Homosexuals Marauding as Judges are Part of the Film..So Owiny Dollo You are not any Exception! You cashed 1 Billion UGX..To Swing the Case but Bobi as Usual was Faster than you had Anticipated..!

Uganda is a Failed State..The Most CORRUPT Institute is the Judiciary...Mabirizi the Clown You got your Law Degree from Makereere Kivvulu not the University you are a Plant..
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0 #12 Wooden K. 2021-02-23 23:52
Because I am fair and rather civilized , I am going to commend Remase for comment #8. Spot on.

How I wish there were more of the same.

These Owiny Dollos are POWs who are the main problem.

Owiny freaks out just because a mere Bobi Wine has reminded him that a lawyer who defended Museveni in one election petition cannot 0r should not be one of the panel of justices when his former client is now the respondent.

Even common sense has left the building ?
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0 #13 Lysol 2021-02-24 00:09
Dollo betrayed his own child-hood friend and relative.

The man who helped Dollo to go into politics, during the bad times of Kony and Museveni's war. That man later died mysteriously in Sweden.
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+2 #14 Mama Mia 2021-02-24 03:03
Quoting Wooden K.:
Because I am fair and rather civilized , I am going to commend Remase for comment #8. Spot on.

How I wish there were more of the same.

These Owiny Dollos are POWs who are the main problem.

Owiny freaks out just because a mere Bobi Wine has reminded him that a lawyer who defended Museveni in one election petition cannot 0r should not be one of the panel of justices when his former client is now the respondent.

Even common sense has left the building ?


See because of your arrogance the whole of rest of Uganda has teamed up in a Mzilikazi longhorned style attack and we are pushing you ndindiririiiiiiiiiiiiiiii towards lake Victoria. Hihihi!!!!

Twabalabisiza exposed blah blah!!! Go to Bulaya na mwenderee kukura vinyesi kama nzi. Bogus!!!!!!
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-1 #15 Remase 2021-02-24 07:04
Owiny, you made a lot of noise during the proceedings of togyikwata ko. You yelled and screamed and clearly showed that you had already made up your mind.

There's a constitution prescribed time given to you to make ruling. You didn't abide by it. You took your time as much as you wanted.

Some to you even went for a vacation! However , you are now telling us how important it is to abide by the law. Why are you selective?
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0 #16 Wainanchi 2021-02-24 17:12
@ Mama Mia...Bro cool off and leave those losers alone.

They are now barking and barking awawaw
and they never stop I have been dealing with them singlehanded and defeated them alone.

If you wish confront them and teach them common sense and not lies ,hate and malice.
I think both of us should open one online Kankwanzi school and teach them panafricanism,nationalism, love for their own kind, teach them skills how to be productive, values of absteining from drugs,alchol, smoking,being nice and helpful and most of all LOVE.

LOVE IS THE MAIN GENETATOR OF PERSONAL HAPPINESS AND MAJOR ASSET IN HUMAN RELATIONSHIPS.

I DREAM A POSSIBLE DREAM THAT OUR BROTHERS AND SISTERS WHO LOST ELECTIONS AND WHO ARE DISAPPOINTED WILL TRANSFORM IN GOOD AND LOVING PEOPLE.P. E. A. C. E !!!!
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0 #17 Mama Mia 2021-02-24 20:23
Quoting Kalibbala:
The Curse, Kisiraani and Enemy of Humanity said it Himself that pushed against the Wall, He recalls his Notorious Robbers Army (NRA) tactics to Hoodwink, Kill and Maim Ugandans without No Case to Answer!

Today in the Jungles of Mukono his Son Kibuule is Training Could be Guerrillas to Blame NUP !!

All this

All These Homosexuals Marauding as Judges are Part of the Film..So Owiny Dollo You are not any Exception! You cashed 1 Billion UGX..To Swing the Case but Bobi as Usual was Faster than you had Anticipated..!

Uganda is a Failed State..The Most CORRUPT Institute is the Judiciary...Mabirizi the Clown You got your Law Degree from Makereere Kivvulu not the University you are a Plant..


Kalibala, now that you are fed up with us why don't you pack your buzina and return to your country Burundi?

You have overstayed your welcome even Ssabasajja is fed up with you lot occupying his land. Please go. Fish!!!!!
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0 #18 Lakwena 2021-02-26 15:30
Quoting Lysol:
Dollo betrayed his own child-hood friend and relative.

The man who helped Dollo to go into politics, during the bad times of Kony and Museveni's war. That man later died mysteriously in Sweden.


But Lysol, why are speaking in parable?

In other words, tell us who exactly and mysteriously died in Sweden?
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