By Mukembo Wilfred
Three Supreme Court judges have declined to grant cost to the sitting president of Uganda Yoweri Kaguta Museveni as requested by his lawyers after the National Unity Platform president and runner up, Robert Kyagulanyi Ssentamu, alias Bobi Wine withdrawal of the petition challenging President Museveni’s victory in the 2021 general elections.
In their detailed ruling, the eight judges said directing the petitioner to pay the cost will hinder other would be petitioners from seeking justice in courts of law.
Section 61 of the Presidential Elections Act, 2005 stipulates that if a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent.
However the three judges said whereas the word “shall” was used in the act, it is not mandatory thus the court powers to decide on the same remains with the court.
Meanwhile, after the delivery of the ruling by Justice Ruby Opio Aweri, Ezekiel Muhanguzi, and Paul Mugamba on behalf of the eight, the Chief Justice Alphonse Owiny Dollo told court that they will reconvene in the afternoon to have Justice Esther Kisakye deliver her ruling.
However drama ensued when Justice Esther Kisakye returned alone on the panel of nine judges and accused the Chief Justice Alfonse Owiny Dollo of confiscating her file containing a dissenting ruling and trying to gag her. Saying she was reading off a duplicate file and will try to be accurate.
After a few minutes, a court official came and asked the sound technicians to disconnect the equipment hence lawyers of the Attorney general, electoral commission and president Museveni walking out aside from Kyagulanyi’s lawyers.
She condemned what she termed as CJ’s choice to use barbaric means adding that the eight judge’s dissent is that she declined to circulate her ruling to them yet there’s no law that binds her to do so.
“They wanted to vet my ruling before I presented it. I felt its my constitutional duty to disobey the unlawful orders of the CJ and to fulfil my duties as a member of this quorum.
The CJ also ordered that the microphone be switched off and that the tent be closed. I was ready to read my ruling under a tree” said Kisakye
in her ruling, justice Kisakye said Kyagulanyi should have been allowed to submit his affidavit since they were not meant to amend the case which the eight other justices declined to allow saying it was too late to have them filed.
Kisakye also considered the issue of home incarceration as reason enough to deter Kyagulanyi from gathering evidence.
she however, disagreed with Kyagulanyi on the ground of Museveni vying for presidency being illegal saying that the ground was overtaken by events since it ought to have been taken to court before elections took place
