Supreme Court Kicks out Bobi’s Election Petition, Pre-hearing set for Thursday
Channel: TRENDY TV EAST AFRICA
Date: 09/02/2021

#NUP #Bobiwine #ugandacourt 
The supreme court has thrown out an application by the National Unity Platform -NUP seeking the amendment of the election petition in the supreme court.

The dismissal of the election petition was a unanimous decision taken by all the 9 justices of the supreme court after which they have stated that the application raises new matters, which were not part of Kyagulanyi’s original application.
They say that the challenge of Museveni’s qualification to stand for the presidency without relinquishing his powers as president is purely a new matter that was not in the original petition.

To them, this is contrary to the laws governing presidential election petitions that follow strict and fixed timelines.

They also noted that issues regarding amendments on irregularities arising from electoral processes such as during transmission of Declaration result forms and the Electoral offenses allegedly committed by Museveni are already covered in the original petition, arguing that there is no need to amend them.
Kyagulanyi’s lawyers led by Medard Lubega Sseggona told the justices led by the Chief Justice, Alfonse Owiny-Dollo that the amendment is necessary as it will enable the court to carry out effective investigations into all controversial matters in their petition.

Segonna says the amendment stands on the grounds that Bobi wine was put under house arrest subjecting him to post-election detention trauma that blocked him from putting together the petition he needed to.

They asked the supreme court to grant him his application in the interest of justice, equity, and fairness.

However, Museveni’s lawyers led by Ebert Byenkya asked the court to dismiss Kyagulanyi’s application to amend the petition, saying the law governing presidential election petitions does not allow and it is past time for that.

He said the law only allows for the filing of the petition, serving the petition within two days, filing answers to the petition within three days, asking for particulars if any, and final hearing.

This comes ahead of the pre-hearing set for Thursday  this week with all the 9 justices

The Thursday meeting is meant to harmonize outstanding issues before a hearing date is set.

The pre-hearing is also meant to discuss timelines within which both parties can file their submissions to the justices ahead of the hearing date.