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Shooting down Uhuru, Raila s BBI, doctrine of basic structure, and case of Uganda
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Daily Monitor
Sunday May 02 2021
Former Electoral Commission chairperson Badru Kiggundu (centre) testifies before the Supreme Court during the Amama Mbabazi election petition in 2016 . PHOTOS/ FILE
Summary
Five years ago, the Supreme Court seemed to have okayed the idea by the Electoral Commission that it could withdraw a national voters register but this week the Constitutional Court ruled that such an act is illegal,
Derrick Kiyonga writes.
In March 2016, Nobert Mao, sporting his customary suit, made an intermittent visit to the Supreme Court, in Kololo, Kampala.
The Democratic Party’s president general’s visit to the Supreme Court was because he wanted to listen to the judgment of the case in which former prime minister Amama Mbabazi challenged the victory of his former boss, President Museveni, on grounds that it was fraught with fraud.
Daily Monitor
Saturday February 13 2021
Supreme Court justices (left toright): Night Tuhaise, Esther Kisaakye, Mike Chibita, Alfonse Owiny-Dollo, Stella Arach-Amoko, Faith Mwondha, Paul Mugamba, Ezekiel Muhanguzi and Rubby Opio Aweri after the pre-hearing of Mr Kyagulanyi’s petition at the Supreme Court in Kampala on Thursday. PHOTO/ABUBAKER LUBOWA
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Can a presidential petition be amended after the expiry of statutory time?
In 2016, Mohamed Mbabazi, a veteran lawyer who was representing Mr Amama Mbabazi, then the petitioner challenging President Museveni’s victory, made an oral application.
He implored the nine Justices, Bart Katureebe, Jotham Tumwesigye, Esther Kitimbo Kisaakye, Stella Arach-Amoko, Rubby Aweri-Opio, Lilian Tibatemwa-Ekirikubinza, Augustine Nshimye, Eldad Mwangusya and Faith Mwondha to allow him amend the petition out of time.
This week, Kyagulanyi also sought to amend his petition and introduced other grounds. He contends that as an incum-bent, Museveni was not supposed to take part in the January 14 presidential election.
“Contrary to Articles 102 (2) (b) and 219 of the Constitution of the Republic of Uganda as amended and S. 4 (b) of the Presidential Elections Act as amended, the 1st Respondent [Museveni] was not qualified for election as president while in the office of head of state, head of government, commander in chief and chairperson of the National Security Council,” Kyagulanyi contends.
STATE RESOURCES
He says Museveni abused the presidency by commanding or directing forces under his command, control and authority such as the Special Forces Command, Uganda People’s Defence Forces, Uganda Police Force, Internal Security Organisation, Resident District Commissioners, Local Defense Unit and Special Police Constables to brutalize, torture, maim and assault him, his agents and supporters; a
Daily Monitor
Saturday January 23 2021
The National Unity Platform (NUP) president, Mr Robert Kyagulanyi Ssentamu (left) Friday said he was still pondering on whether to head to the Supreme Court to challenge the outcome of the 2021 presidential election which saw Mr Yoweri Museveni (right) declared winner.
Summary
For now, Mr Kyagulanyi who is currently confined to his home in Magere, Wakiso District by a joint military and Police force, has nine days to file his petition in the Supreme Court.
Another lawyer who has litigated in all levels of courts of judicature and sometimes won and other times lost, Male Mabirizi Kiwanuka said although he agrees that the appointment of judges sometime hinders their capacity to execute their duties without bias, he nevertheless believes that they have the capacity to annul an election.
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