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Kyagulanyi orders lawyers to withdraw presidential election petition

 Kyagulanyi Ssentamu Robert, the former presidential candidate of the National Unity Platform-NUP. PHOTO NUP MEDIA

Kampala, Uganda | THE INDEPENDENT  |  Kyagulanyi Ssentamu Robert, the former presidential candidate of the National Unity Platform-NUP has ordered his lawyers to withdraw a petition that he had filed in the Supreme Court challenging the outcome of the January 14, 2021, presidential election. The election was won by the National Resistance-NRM candidate Yoweri Kaguta Museveni. 

Addressing a press conference this afternoon at his office in Kamwokya, Kyagulanyi said he cannot continue being part of what he called a mockery of justice.  The news comes just two days after the Supreme Court dismissed his application seeking to file evidence to support his petition. In a majority ruling of eight Justices to one, the court declined to grant the application. Kyagulanyi had been given up to February 14 to file evidence supporting his application however, by the end of that day he had filed only 53 affidavits. 

The following day, the Supreme Court registry refused to receive another 137 affidavits prompting Kyagulanyi’s lawyers led by Medard Lubega Sseggona to file an application seeking leave of court to file those applications. Lawyers for President Museveni, the Electoral Commission and the Attorney General all opposed the application arguing that it will affect the 45-day timeframe in which the court had to hear and determine his application. 

This dismissal came on the heels of another that sought to amend his petition to introduce more grounds challenging the elections that were also dismissed. With these dismissals and claim that the judges were biased, it became obvious to Kyagulanyi that the case had suffered a stillbirth hence withdrawing it was the most ideal thing to do. In his address, Kyagulanyi said as much. 

He added that now that he has withdrawn from the formal court, he was taking his petition to the court of public opinion. However, he didn’t elaborate on what this kind of court looks like.

One of his lawyers who asked not to be named, said they are currently working on an application seeking to withdraw the case. The Supreme Court rules state that when a petitioner loses interest in the petition, he can file an application seeking to withdraw it stating the exact reasons why he is taking that step. The application is then heard by the court and can either be allowed or not. “We are working on it and we hope to file it before the end of today,” the lawyer said. 

Yesterday, THE NRM Director for Legal Affairs Oscar Kihika warned Kyagulanyi not to withdraw the petition. He said if he did, together with the other two respondents, they will slap on him legal fees that would be so crippling that he will never file such applications in the future. However, Kyagulanyi said he was not moved by such statements. He said that he was willing to pay any price including death when he chose to stand against President Museveni.

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One comment

  1. Kipto John Cheboriot

    On Saturday Bob Wine legal team received responses to their affidavits from respondents. After reviewing them, the legal team realised Kyagulanyi had no chances of winning the petition. More so, a sample of affidavits examined by a team of forensics experts found them to bear forged signatures. The entire picture of forged signatures could be a bad one, with many affidavits being rejected by court as forgeries. The legal team together with his local and foreign funders then advised him to withdraw the petition and save face.

    But right from the start, there have been 2 camps positions on the petition issue: the moderates, the educated, the liberals, the mature, most Ugandans opted for a peaceful, court arbitrated process. Then on the other hand, the goons, the illiterates, the fanatics, the imperialistic leeches, the Besigyes, the Amuriats, the Anusmsterdams, the gang that is hoping and wishing for an ‘Arab spring’ kind of thuggery in Uganda, appeared to have had the upper hand because they control the money. The delays to petition, the beyond deadline applications to amend petition and submit additional affidavits, the sustained attack on the judiciary, the media outbursts in total disregard of the Subjudice Rule, etc, were all meant to provoke the court, and also lay ground and mentally prepare the moderate followers for the withdrawal of the petition.

    Kyagulanyi shouldn’t lie to his followers that he got prepared to die the time he chose to stand against President M7. It is a shameless lie. He can only send his blind followers into sure suicide when he tells them to attack armed security personnel. His readiness to die us far from the truth: donning bullet proof armour, and importing a bulletproof car point to a coward only interested in survival and self preservation.

    Peace and security of Ugandans is paramount. Those thinking of doing something negating this, should be ready for the very dire consequences.

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