The legal team representing former presidential candidate Robert Kyagulanyi, aka Bobi Wine, has filed an affidavit before the Supreme Court as one of the critical steps to realising the withdrawal process.
On Wednesday, Chief Justice Alfonse Owiny-Dollo directed Mr Kyagulanyi’s legal team to fulfill all the requirements of Section 61 of the Presidential Elections Act, by having one of them, swear an affidavit in support of the voluntary withdrawal of the petition.
The affidavit was made by Mr Nkasha Ssekajja assisted by Lukwago & Co. Advocates. The same was filed on Wednesday evening.
‘‘I am one of the applicant’s lawyer in this matter, well conversant with the facts and issues relating to this application and the petition from which it arises and depose this affidavit in that capacity,’’ Mr Ssekajja states.
‘‘I, together with other lawyers on the team representing the applicant (Mr Kyagulanyi), have interviewed him and confirmed that his decision to withdrawal the petition has not been influenced by any corrupt bargain or consideration from the respondents (Mr Museveni, EC and AG) or any other person,» he adds.
Counsel Ssekajja explained that their client instructed them to file additional evidence to bolster his case but court rejected it, forcing him to withdrawal his petition.
‘‘Owing to the foregoing, the applicant (Mr Kyagulanyi) found it inadvisable to proceed with the petition without the evidence that was disallowed by court and therefore, instructed us to withdrawal the petition, hence the instant application,’’ Ssekajja avers.
With the filing in of this affidavit by one of Mr Kyagulanyi’s lawyers, the remaining issue is for the court to gazette the withdrawal notice in the government gazette.
The Chief Justice on Wednesday, explained that withdrawing a presidential election petition is not done casually like other election, it has to be gazetted first.
He said once the gazetting is done, the parties, will be summoned at a shortest notice possible most likely early next week to hear out the application for withdrawal.
President Museveni’s legal team has filed a reply to Mr Kyagulanyi's applicantion seeking leave to withdraw the petition.