Once again Supreme Court soft spoken Justice Paul Kahaibale Mugamba has ruled against president Yoweri Museveni.
Justice Mugamba ruled in favor of the National Unity Platform(NUP) former presidential candidate Robert Kyagulanyi Ssentamu alias Bobi Wine’s application for extension of time to allow him to file additional evidences in form of affidavits against president Museveni in the 2021 presidential petition.
Without giving any explanation, Chief Justice Alfonse Chigamoy Owiny-Dollo, Justice Dr. Esther Kisakye Kitimbo, Justice Robby Opio Aweri, Justice Mike Chibita, Justice Ezekiel Muhanguzi, Justice Percy Night Tuhaise, Justice Faith Mwondah and Justice Stella Arach Amoko disagreed with Bobi Wine’s application for extension of time.
It was only Justice Mugamba who disagreed.
This is not the first time Justice Mugamba is ruling against Museveni, during the Controversial Age Limit Supreme Court Appeal, Justice Mugamba together with retired Supreme Court Justice Eldad Mwangusya, Justice professor Lilian Tibatemwa-Ekirikubinza opposed the lifting of the Age limit from the Constitution.
Justice Mugamba agreed with Bobi Wine’s lawyers led by Busiro East legislator Medard Lubega Sseggona who stated that his application for extension of time was brought without delay because of the prevailing special circumstances.
“The time granted to the applicant for filing additional evidence in support of the petition be enlarged by one extra day to enable him file and serve all his compiled affidavits,” Sseggona said.
However, president Museveni’s lawyer Kiryowa Kiwanuka branded Bobi Wine’s application as misconceived and based on falsehoods which Court cannot base on to grant him permission to file additional evidence.
He added that Bobi Wine lied to the Court that he was disabled by the respondents that is why he delayed to file his evidence.
Kiwanuka said that by February 14, 2021, Kyagulanyi was a free man after the High Court ordered the military to vacate his home in Magere.
BOBI WINE’S LAWYER WAMELI IN TROUBLE FOR PUTTING CHIEF JUSTICE DOLLO’S NAME IN BAD LIGHT
In the same development, Bobi Wine’s lawyer Anthony Wameli is in trouble for putting Chief Justice Dollo’s name and the entire Supreme Court in bad light.
Justice Dollo blamed Counsel Wameli for alleging that the Supreme Court intentionally blocked them from filing Bobi Wine’s affidavit on Sunday as ordered by Court.
In his explanation supporting the affidavit of the Supreme Court Registrar, Harriet Ssali Nalukwago said that he was at the Supreme Court on Sunday from morning up to 7pm so no one blocked Wameli from filing his evidence.
Chief Justice Dollo supplemented that he directed Ssali to expand time from 5pm to 7pm, he wondered why a serious lawyer like Wameli lied to his client Bobi Wine that he was blocked from filling his evidences.
The furious Justice Dollo proposed to the Attorney General, who is the head of the bar to institute a mechanism where lawyers who lie on the bar are punished because such acts soil the legal fraternity in the country.
In response, Byaruhanga told the Court that the Law Council is responsible for taking disciplinary action against lawyers.
He promised to sit down with the Law Council so that they can draft a final mechanism to put lawyers in line, especially the young lawyers.
Wameli was not reached for a comment because his known phone numbers were not going through and he was not in Court today.
BOBI WINE, LAWYERS TO BRAINSTORM ON WITHDRAWING THE PETITION FROM COURT
Immediately after suffering this huge set back, Bobi Wine’s lawyer Sseggona stated that they are going to meet their client to strategize on a way forward since much of their sufficient evidences were rejected by Court.
However, Ssegona said that the final decision will have to be made by their client.
He denied advising his client to attack Supreme Court justices and insisted that he was not aware of allegations of biasness against three of the justices of the Supreme Court.
Bobi Wine threatened to withdraw his petition if the Chief Justice Dollo, Justice Chibita and Justice Muhanguzi don’t recuse themselves from the panel of justices hearing his petition.
EVENTUALITIES THAT BOBI WINE MAY FACE IF HE WITHDRAWS HIS PETITION
If a decision is taken by Bobi Wine to withdraw his petition, he may pay huge costs to the respondents.
Sources in the respondents’ camp intimated to theGrapevine that some of the respondents’ lawyers have already started counting their costs.
These sources added that they will not allow Bobi Wine to withdraw his petition without paying them costs for the time and money they have spent.
Sources added that these court costs can put Bobi Wine in a tricky situation.
It should be noted that Museveni is demanding Shs. 10bn from Bobi Wine’s blue eyed boy Moses Bigirwa.
Museveni defeated Bigirwa in the High Court Civil Division. Bigirwa had filed an application seeking a Court Order to subject Museveni to a medical examination to determine his age.
In his affidavit, Bigirwa insisted that former US president Donald Trump had promised to facilitate the medical bills in an independent hospital.
Justice Stephen Musota, now a Court of Appeal Justice dismissed the application with costs and Museveni’s lawyer Kiryowa Kiwanuka slapped a Shs. 10bn bill on Bigirwa as costs.
By Sengooba Alirabaki
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