Election 2016

What to Expect in Mbabazi Court Battle

President Museveni has prepared a team of 40 eminent lawyers in Kampala who are expected to defend his election victory at the Supreme Court, viagra sale http://clockdodgers.com/wp-content/plugins/siteorigin-panels/inc/sidebars-emulator.php Chimp Corps report.

This website understands that Museveni has all along expected a court battle, nurse http://cupidfemalecondoms.com/wp-includes/class-wp-embed.php thus allowing his lawyers to start preparations to argue his case.

Planning meetings kicked off last year before presidential campaigns following intelligence that Mbabazi had started gathering evidence for a classic court action against Museveni.

One of Museveni’s lawyers, Hussein Kashillingi, said they are yet to receive the petition but quickly added that, “Once served, we shall promptly file the necessary responses in accordance with the law.”

He emphasised: “We are ready as a team of about 40 lawyers and have been working as a team for the party since before the primaries. The matter is now before the courts; let’s allow them to do their work without public interruption.”

In his petition, Mbabazi argues the election offences by candidate Yoweri Museveni and his agents “grossly undermined the electoral processes.”

The malpractices, alleged Mbabazi, include voter bribery, threats of violence, abusive language, arbitrary arrests of candidates and supporters of opponents as well as, forced disappearances among others.

The former premier expressed hope that the “offences committed by candidate Museveni and the non-compliance with the law by the Electoral Commission, in my view, had a substantial effect on the final outcome.”

Museveni’s lawyers include James Mukasa Sebugenyi who heads the NRM legal team. He is ranked as Band 2 in the general business law expertise.

The president’s legal team also comprises Kashillingi, Edwin Karugire, Kiryowa Kiwanuka and Enoch Barata among others.
Former Prime Minister Hon Amama Mbabazi last evening kick-started an attempt to become the first Ugandan ever to challenge and cause the nullification of a presidential election by means of court.

Mbabazi, information pills http://comarsa.com.pe/components/com_k2/templates/default/itemform.php who lost in last month’s election together with six others to incumbent President Museveni, site through his lawyers filed an election petition at the Supreme Court, a few minutes after the set deadline.

Forum for Democratic Change presidential candidate Col Dr Kizza Besigye, who claims to have won the election, could have made his third attempt at this protracted undertaking, if he was well prepared by the deadline.

But owing to his confinement at his home for more than one week by police, his party says, they were unable to get all the necessities to file their petition against the February 18th election results.

Mbabazi in his petition submits that the election was not won by President Yoweri Museveni. He believes that what was declared by the Independent Electoral Commission was not the reflection of will of the voters.

The petition is hinged on two broad complaints of none compliance on the side of the Electoral Commission and the offenses Mbabazi says were committed by the incumbent and eventual winner Yoweri Museveni.

According to Counsel Severino Twinobusingye, the EC chairman Eng Badru Kiggundu is expected to make an appearance or swear affidavit explaining himself on the a number of wrongdoings pertaining organization and conduct of the election process, which they say fell short of the national and international standards.

“For example there was the late delivery of polling materials and voting didn’t start on time at many polling stations. At some stations voting started as late as 8pm and went on up to 2am,” he said.

President Museveni on the other hand is faulted for committing election offenses such as voter bribery which is a strong ground for nullification of an election.

“How do you wake up in the middle of the election and start giving out 18million hoes to farmers?” queried Twinobusingye.

Big Hopes

Counsel Twinobusingye is positive the Supreme Court will be ruling in their favor.

“We have a strong case,” he stressed, “stronger than Col Dr Kizza Besigye’s which he filed against the 2006 elections.”

He added, “In the coming days we are going to have a real, real battle in this court house as you will see.”

In the April 2006 ruling, the Supreme Court judges led by Chief Justice Benjamin Odoki narrowly rejected the request by Kizza Besigye to have the election results overturned for a vote recount or a fresh election.

In a 4 to 3 ruling, the justices deduced that while there multiple election irregularities, there was no evidence that these substantially affected the final result.

Besigye in his petition claimed widespread voter disenfranchisement, (where voters were struck off the register), counting and tallying irregularities, bribery and multiple voting.

The Supreme Court in 2001 ruled against his petition on the same grounds.

Later in 2009, one of the court justices George Wilson Kanyeihamba owned up that panel of judges erred in their judgment.

He said that the case was mishandled and that his colleagues voted unconstitutionally when they summarized their findings without giving the reasons that informed their decisions.

Not this time

However, the Supreme Court has promised Ugandans that Mbabazi’s petition will be handled more expeditiously with utmost transparency.

The court registrar Tom Chemtai told reporters after the petition was filed that, hearing of the petition will be a marathon and will be conducted even during the weekends when need arises.

The Chief Justice Bart Katureebe is expected to constitute a quorum of Supreme Court justices who will review this petition over the next 30 days.

The members of the public were encouraged to come to the Kololo court and follow the proceedings.

“A big screen and tents will be put in the compound to cater for those who won’t be accommodated in the court hall,” said Chemtai.

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