Drama unfolded at Kololo based Supreme Court exposing the untold tribalism and hatred among judges in Uganda’s judicial system.
The open infighting among supreme court judicial officers started on 1st February 2020 when National Unity Platform (NUP) former presidential candidate Robert Kyagulanyi Ssentamu alias Bobi Wine filed his presidential petition challenging the victory of president Yoweri Tibuhaburwa Museveni in the 2021 presidential polls.
When selecting the panel to hear Bobi Wine’s petition, Chief Justice Alfonse Chigamoy Owiny-Dollo first appointed professor Lillian Tibatemwa-Ekirikubinza to join other nine supreme Court Justices to hear the matter but she declined claiming that she had to travel abroad for medical treatment.
Credible Sources at Supreme Court revealed to this website that Justice Dollo then planned to write to the president to use his executive powers to temporarily promote deputy Chief Justice Richard Buteera from the Court of Appeal/Constitutional Court to Supreme Court to raise the number of Justices.
Sources devulged that Justice Tibatemwa intentionally declined to sit in Bobi Wine’s case after her appointment as the chief Justice of the Republic Seychelles was allegedly frustrated by Justice Dollo and Judicial Service Commission boss Justice Benjamin Kabiito.
Justice Tibatemwa even challenged the move in Court claiming that the decision to frustrate her was reached upon in bad faith.
SENIOR JUSTICES UNDERMINE DOLLO
Sources at the Supreme Court told theGrapevine that senior Justices led by Justice Kisakye, Justice Tibatemwa claim that Dollo is not fit to be the Chief Justice.
Justice Kisakye was among the candidates who were interviewed to replace Justice Bart Magunda Katureebe, however, president Museveni appointed Justice Dollo as CJ and Justice Butera as Deputy CJ.
Before the appointment of the new Chief Justice, Justice Kisakye mobilized Buganda Kingdom through Buganda King Ronald Muwenda Mutebi, the kingdom’s premier Charles Peter Mayiga and prince Dr. Kassim Kakungulu Nakibinge to support her bid to become the next Chief Justice.
She even organised a number of prayers.
However, immediately after declaring Justice Dollo as the Chief Justice, Justice Kabiito said that the Commission only sent two names to the president, Justice Dollo and Justice Butera.
Sources at the Supreme Court said that since then, Justice Kisakye turned bitter and stopped spending much time with friends at Court. This was not the first time that president Museveni declined to appoint Justice Kisakye, in 2015, she was among the candidates who applied for the office of the Chief Justice and Museveni decided to appoint Justice Katureebe.
Sources reveal that after losing out in 2015, Justice Kisakye was very sure that this time she was going to take over the CJ office.
She only feared Justice Tibatemwa and Justice Opio Aweri but luckily, they did not apply.
HOW BOBI WINE CASE UNMASKED TRIBALISM AT SUPREME COURT
Sources at Supreme Court revealed that Bobi Wine’s petition has unmasked the tribalism at supreme Court.
Sources disclosed that when Bobi Wine filed his petition, many judicial officers who are Baganda started jubilating in the library and in the registry that Bobi Wine was going to defeat Museveni.
Sources said that trouble started on 14/02/2021 when Justice Stella Arach Amoko directed supreme Court clerks not to allow Bobi Wine’s rejected evidence in the supreme Court building.
However, a section of Baganda clerks led by Hassan Bukenya forcefully entered Bobi Wine’s evidences in the Court building.
Sources narrated that Bukenya and friends claimed that if they didn’t enter Bobi Wine’s evidences, the Inspector General of Government was going to question them on offences of abusing their offices.
Sources said that when Justice Amoko was told that Bobi Wine’s evidence was in the building and the move was led by Bukenya, she directly phoned the Human resource office of the Judiciary and directed that Bukenya be transferred from the supreme Court.
Bukenya was later summoned at the human resource office and told that he had been transferred with immediate effect to Nakawa chief magistrates Court without explanation.
From then, the Baganda at the Supreme Court started pointing fingers at Justice Amoko accusing her of influencing Bukenya’s transfer.
HOW BOBI WINE CAUSED DOLLO, KISAKYE FIGHT
Multiple sources at Supreme Court have revealed that on Monday, Chief Justice Dollo summoned fellow Justices to share their drafted rulings on the three dismissed applications, these are; application for extension of time, application to file additional evidences and lawyer Male Mabirizi’s application to put aside the proceedings of Bobi Wine’s petition over Chief Justice Dollo’s participation in the process yet he was asked to recuse himself.
Sources disclosed that Justice Kisakye told fellow justices that she had not yet finished writing her ruling.
On Wednesday, when the panel was set to deliver a detailed ruling on Mabirizi’s application, Justice Kisakye refused to be part of the panel but the eight justices proceeded with their rulings.
On Thursday morning, Justice Dollo asked Kisakye to share her rulings and she refused arguing that it was not stated anywhere in the books of laws that she has to share her rulings with fellow justices.
WHY DOLLO DIRECTED SPEAKERS TO BE SWITCHED OFF AND CLOSED THE TENTS
Justice Kisakye revealed that when she refused to share her ruling, fellow justices told her that they are not going to let her read something they had not looked at.
Sources said that Justice Dollo feared that Kisakye was going to criticize him for declining to recuse himself from Bobi Wine’s case.
Sources further divulged that to embarrass her, he summoned lawyers from both parties to his chambers, Attorney General William Byaruhanga led the group, others were Ebert Byenkya, Edwin Karugire, Francis Atooke, Solicitor General Samual Muyizi Mulindwa and others.
Museveni’s lawyer Kiryowa Kiwanuka remained in Court with Bobi Wine’s lawyer Abubaker Ssekanjako. When lawyers were in chambers with the CJ and other justices, Justice Kisakye came back in the tent and sat in her seat.
She started telling Journalists how Dollo used his barbaric powers to confiscate her ruling. Immediately, the speakers were switched off.
When the lawyers come back to the tent where Kisakye was, they only picked their books and rallied their colleagues to move out.
It should be remembered that during the hearing of the presidential petition last month, there was a bitter exchange between the AG Byaruhanga and Kisakye.
She later moved out of Court swearing to recover her ruling from Dollo. When journalists followed her, she found Dollo’s chamber heavily guarded by his security and two security personnel who were dressed in SFC uniform.
Sources disclosed that the SFC guards were not deployed to protect Dollo but they had escorted a woman member of parliament from Northern Uganda who had come to pay Dollo a visit.
Justice Kisakye come back and told journalists that Dollo refused to give her ruling and she was going to read her deduplication copy.
She read her rulings and was decent with fellow Justices.
By Sengooba Alirabaki
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