CJ to give reasons for refusal to stepdown in Bobi election petition
Chief Justice Alfonse Owiny-Dollo and NUP party president Robert Kyagulanyi alias Bobi Wine. PHOTOS/FILE/ABUBAKER LUBOWA
Chief Justice Alfonse Owiny-Dollo will on Thursday give reasons why he declined to step aside from the hearing of the presidential election petition in which former presidential candidate Robert Kyagulanyi aka Bobi Wine was challenging President Museveni's victory through the January 14 polls.
Mr Male Mabirizi, a lawyer, had filed an application in the Supreme Court seeking Chief Justice Owiny-Dollo to withdraw from hearing the presidential election petition against Mr Museveni on account of ‘conflict of interests’.
In a ruling notice issued yesterday, the Supreme Court registrar said that Court will deliver a detailed ruling on an application for Recusal filed by Mr Male Mabirizi.
Mr Mabirizi had asked the Chief Justice to withdraw from participating in the hearing of the petition because he was President Museveni’s defence lawyer during the 2006 presidential petition, and thus “could not be impartial in this petition.”
Mr Mabirizi petitioned Supreme Court contending that the Chief Justice was unlikely to deliver justice in the presidential election petition since he would be presiding over a case against his former client Mr Museveni.
The country's highest appellate court said that it will on Thursday deliver detailed Rulings in Hon Kyagulanyi Sentamu vs Yoweri Museveni Tubuhaburwa, the Electoral Commission (EC) and Attorney General (AG).
On March 5, the Supreme Court allowed Kyagulanyi, the leader of the opposition National Unity Platform (NUP), to formally withdraw his petition.
Nine justices led by Chief Justice Alfonse Owiny-Dollo permitted Mr Kyagulanyi’s withdraw but they did not determine whether he will pay costs pending a detailed ruling to be delivered on notice.
Other justices include, Dr Esther Kisaakye, Stella Arach- Amoko, Paul Mugamba, Ezekiel Muhanguzi, Night Percy Tuhaise, Faith Mwondha, Rubby Opio- Aweri and Mike Chibita.
Demand for costs
At the hearing of Kyagulanyi's application, the lawyers representing the respondents asked the Supreme Court to order Kyagulanyi to pay legal costs incurred in defending his withdrawn election petition.
Background
Mr Kyagulanyi via a press conference gave his lawyers instructions to withdraw the petition citing ‘bias’ and ‘luck of independence’ by the Supreme Court after it rejected two of his applications in which he sought to amend his petition out of time, and also to file additional affidavits out of time.
On February 1, Kyagulanyi petitioned the court challenging the January 14 polls in which EC declared Me Museveni winner.
He petitioned against Mr Museveni, the EC and the Attorney General (AG).
However, on February 24, Kyagulanyi filed an application to withdraw his petition citing numerous allegations among them, the impartiality of the court to deliver Justice, the insecurity of his witness.
