February 23, 2021 CJ Alfonse Owiny-Dollo
The chief justice Alfonse Owiny-Dollo has declined to step down from being part of a panel hearing the case in which National Unity Platform president, Kyagulanyi Ssentamu Robert is challenging the election victory of President Yoweri Kaguta Tibuhaburwa Museveni.
The panel of nine justices is headed by the chief justice himself. Although Kyagulanyi has since announced the withdrawal of the case citing bias by the Supreme court, city lawyer Male Mabirizi Kiwanuka had in an earlier application asked the chief justice to excuse himself from the case because he was a defense lawyer for Museveni in a similar case in 2006. Mabirizi also accused Owiny-Dollo of meeting Museveni at State House after Kyagulanyi filed his petition.
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