The Supreme Court of Uganda has dismissed an application in which Hon. Robert Kyagulanyi Ssentamu, alias Bobi Wine sought to adduce, beyond stipulated time, an additional bunch of about 200 affidavits in support of his Presidential election petition against President Yoweri Kaguta Museveni’s electoral victory in the just concluded election.
Without giving reasons, the Supreme Court in an 8-1 majority judgement read out by Justice Percy Night Tuhaise, didn’t buy into Bobi Wine’s lawyers’ arguments that it was in the interest of justice to allow the application.
This becomes the second time the Supreme Court is rejecting the musician- turned politician’s attempts to file more evidence out of time in the ongoing presidential election court challenge.
Bobi Wine’s visibly ill prepared legal team led by Hon. Medard Lubega Ssegona has attributed their failures to file cogent evidence to allow them argue the petition on the basis of its merits to state handicaps including a security siege on Bobi Wine’s home and Party office, alleged abductions of their would-be witnesses, and the ‘scattered’ nature of the lawyers, among other reasons.
” There are special circumstances we want to present to this Court to be considered to allow this application” Lubega told the panel of 9 Supreme Court Justices on Friday.
” A number of our witnesses we were to rely on weren’t released by the General Court Martial as we had anticipated. The affidavits reveal how results were falsified, bribery incidents and how the independence of the electoral commission was compromised in favour of [President Museveni]”
However, Mr. Lubega’s argument was deflected by President Yoweri Museveni Lawyers led by Mr. Kiryowa Kiwanuka who describing it as ” preposterous” urged the highest Court in the land to dismiss the application because it was in bad faith and based on falsehoods.
” How do you say you have failed to file evidence because your witnesses are in prison? How sure are you they are your witnesses even before you interview them? That is preposterous.” Mr. Kiryowa said, emphasising Bobi Wine could not have filed a petition and gone one to look for evidence to support it.
” You can not develop a grievance before you see the evidence”
Meanwhile, the Chief Justice Alphonse Owiny-Dollo who is at the helm of the Supreme Court lashed out at Bobi Wine ostensibly in response to his remarks earlier on this week.
Bobi Wine on Monday told Journalists that the Chief Justice and Justice Mike Chibita should recuse themselves from hearing his petition on account of having working for President Yoweri Museveni, a party in the case.
The Chief Justice was Mr. Museveni’s lawyer in the 2006 Dr. Kizza Besigye election petition and Justice Mike Chibita was a private secretary to the President.
Bobi Wine said if the Court rejected ( as it has) his additional affidavits, he would take the case to the ‘ court of public opinion.’
At a prompt by the Attorney General William Byaruhanga who described Bobi Wine’s remarks as ” an orchestrated scheme to bias and intimidate this Court,” the Chief Justice said Bobi Wine was in for a “crash.”
He said: ” If anybody has issues to raise against the Judges, Court is the way to do it. If anyone thinks they can intimidate, blackmail, or induce with favours the Chief Justice, they are headed for a crash.
” If you have no confidence in us, don’t bring your case here. If you have plan B, we can’t stop you from applying it. There is a difference between political and judicial functions”
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