National Unity Platform (NUP) former presidential candidate Robert Kyagulanyi Sentamu alias Bobi Wine through his lawyers is set to file an application in the Supreme Court forcing embattled Chief Justice Alfonse Chigamoy Owiny-Dollo to accept their supporting evidence against President Yoweri Kaguta Museveni in the on going 2021 presidential petition.
On Monday, the Supreme Court, acting on the directive of the Chief Justice refused to accept over fifty pieces of evidence in the form of affidavits sworn by the petitioner’s agents and NUP leaders.
Among the affidavits which Court rejected include that of the controversial Mukono Municipality legislator Betty Nambooze, NUP’s Secretary General Lewis David Rubongoya, Bobi Wine’s personal lawyer Benjamin Katana and others exposing security organs and operatives who overwhelmingly participated and influenced the 2021 presidential elections.
Through Harriet Ssali Nalukwago, the Supreme Court registrar, Court insisted that Bobi Wine filed his evidences out of time.
In the previous sitting, Kyagulanyi’s lawyers led by Busiro East legislator Medard Lubega Sseggona promised to file all their affidavits by Sunday but later changed and filed on Monday.
Chief Justice Dollo stated that the reason why Court gives time to parties to file their evidence and responses is to avoid a Constitutional crisis which may result from violating the presidential elections Act and the Constitution.
When contacted on the way forward, Anthony Wameli, one of Bobi Wine’s lawyers said that the petitioners have discovered another alternative which they can deploy to put their crucial evidence on the Court record.
“We are going to file an application in Court asking the Justices to be fair and accept our evidences,” the soft spoken Wameli told theGrapevine.
He added that the rejected affidavits hold more water hence they cannot just fold their hands when they are excluded.
Bobi Wine’s lawyers were supported by controversial lawyer Hassan Male Mabirizi who stated that it is legal in such a presidential petition for a party to file an application forcing the Court to accept their evidence.
Mabirizi cited the Presidential elections petition Regulations which allows the Supreme Court to extend time from that stipulated in the National Constitution.
On the issue of Bobi Wine’s verbal public comments against three Justices of the Supreme Court to recuse themselves from the panel of the nine justices from hearing his application, he said lawyers have not yet taken a decision.
This week, Bobi Wine asked Chief Justice Dollo, Justice Mike Chibita and Justice Ezekiel Muhanguzi to recuse themselves from his petition because of their good relationship with the respondents, especially Yoweri Tibuhaburwa Museveni.
The judiciary through their senior Communications officer Solomon Muyita asked Bobi Wine and his lawyers to follow the required procedures on this matter.
By Segooba Alirabaki
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