Why Owiny-Dollo declined to step down in Bobi poll case
Chief Justice Alfonse Owiny-Dollo and NUP party president Robert Kyagulanyi alias Bobi Wine. PHOTOS/FILE/ABUBAKER LUBOWA
What you need to know:
- On February 1, Kyagulanyi, the leader of the National Unity Platform (NUP) party petitioned the court challenging the January 14 polls in which EC declared Mr Museveni winner.
Chief Justice Alfonse Owiny Dollo yesterday explained why he declined to disqualify himself in the hearing of an election petition in which former presidential candidate Robert Kyagulanyi, alias, Bobi Wine was challenging President Museveni’s January 14 victory.
Lawyer Hassan Male Mabirizi petitioned the court asking the Chief Justice to disqualify himself from participating in the hearing and determination of the Bobi Wine election petition case on grounds of the conflict of interest.
Mr Mabirizi argued that the Chief Justice was President Museveni’s defence lawyer in the 2006 presidential petition, and could not be impartial in this petition.
But in the detailed ruling delivered yesterday, Chief Justice Owiny-Dollo reasoned that Mr Mabirizi was not a presidential candidate nor a party to the election petition and that he was not granted locus as an intervener in the petition.
“It is manifestly clear that only a presidential candidate has the locus to challenge a presidential election outcome. This being so, it would be quite absurd that a person who has no locus under the law to challenge a presidential election outcome could, nonetheless, be permitted through the window to join in the proceedings and contest the conduct thereof,” Justice Owiny-Dollo held.
He added that the Judicature Act cited by Mabirizi as a basis to bring the application is specific on the conduct of business in the High Court and it is intended to address any gap in the law applicable in the High Court.
On assertions that he did not disclose his status as a former lawyer to Mr Museveni, Justice Owiny-Dollo said he was under no duty since the facts were already in the public domain.
He added that past cases give him the conviction that to allow to be bound by his past professional engagement with Museveni dating 15 years back would not only be unfortunate but greatly absurd.
“I think the remoteness of the past engagement of 2006 from the present court process in 2021, balances with the need to ensure that justice is seen to be done, quite well in the mind of a reasonable person,” he said.
On meeting the President at State House, the CJ admitted attending to the events but insisted that they were both official functions held in full view of the cameras to attend to the swearing-in of a judge and present the Judiciary budget in line with the law as well as celebrating the martyrdom of Archbishop Janani Luwum.
He reasoned that it would be wrong for the Chief Justice to abdicate his constitutional duties merely because a case concerning the President is in court before the Chief Justice.
“Indeed I find the applicant’s faulting of my attendance of this event (Janani Luwum) and my evident joy at the occasion quite pedestrian, unfortunate, and most unreasonable. I attended the function not to mourn but to rejoice and pay homage to the Lord God. Any reasonable person would know that celebrating the martyrdom of St Janani Luwum is the testimony of triumph over all evil,” he said.
Justice Owiny-Dollo who led seven other justices added: “It is utterly illogical to find fault with my having openly rejoiced on this noble occasion. Anyone who subscribes to such a view is certainly unreasonable.”
Other justices who attended the event included Stella Arach Amoko, Paul Mugamba, Faith Mwondha, Ezekiel Muhanguzi, Night Percy Tuhaise, Mike Chibita, Rubby Opio Aweri.
Another ruling
Meanwhile, the same court will today deliver its detailed ruling to give reasons in regard to the withdrawal of Kyagulanyi’s petition.
The judges are expected to make decisions on whether or not to allow demands by Museveni's lawyers and those of the Electoral Commission for legal costs incurred by their clients.
On February 1, Kyagulanyi, the leader of the National Unity Platform (NUP) party petitioned the court challenging the January 14 polls in which EC declared Mr 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 partiality of the court to deliver Justice, the insecurity of his witnesses.
