We are ready to hear poll petitions - judges
Kampala. The Judiciary is more than ready to hear any election disputes, including a presidential election petition that may arise following the just concluded Parliamentary and Presidential elections, Chief Registrar Courts of Judicature Paul Gadenya has said.
In an interview with this newspaper yesterday, Mr Gadenya said there are enough justices at the Supreme Court to form coram to hear a presidential election in case its filed.
“We are more than ready if there is a presidential petition, we have enough judges at the Supreme Court to raise the required coram of five or seven justices and this decision is at the discretion of the Chief Justice.” said Mr Gadenya, adding: “our judges have also been adequately trained to handle election petitions.” He said it would be at the discretion of Chief Justice Bart Katureebe, who doubles as the head of the Supreme Court, to choose a panel of either five or seven justices to hear a presidential petition if any.
Currently, there are nine justices at the Supreme Court from whom the Chief Justice can pick from a panel.
They include Chief Justice Katureebe, Jotham Tumwesigye, Esther Kisaakye, Stella Arach-Amoko, Augustine Nshimye, Faith Mwondha, Rubby Aweri Opio, Eldad Mwangusya and Prof Lillian Tibatemwa Ekirikubinza.
The readiness comes at a time when the runner up in the February 18 polls, Dr Kizza Besigye (FDC party), who got 35 per cent of the total votes cast, had not ruled out the option of petitioning the Supreme Court to challenge the outcome that saw incumbent President Museveni (NRM party) declared winner with 60.7 per cent.
Article 104 of the Constitution stipulates that any aggrieved presidential candidate may petition the Supreme Court for an order that a candidate declared by the EC elected as President was not validly elected.
It also demands that the filing in of the presidential petition must be done within 10 days from the date of announcing the presidential results by the EC.
The court is required to expeditiously determine the petition and deliver its findings within 30 days from the date of filing.
Chief Justice Katureebe also concurred that the Judiciary was ready to handle any election dispute.
“We are ready to hear any election petition. We have no choice since the law demands that we do so,” he said, adding: “Even here at Supreme Court we have the judges.”
Weighing in on the same readiness; Principal Judge Yorokamu Bamwine said despite having a 16 vacant positions in the High Court that he heads, he is optimistic that the 41 available judges will ably manage the load of petitions that are expected to be filed.
