The Supreme Court has adjourned to Thursday March 14, a petition filed by Go Forward candidate John Patrick Amama Mbabazi, seeking to challenge the election of President Yoweri Museveni.
On February 20 the Independent Electoral Commission (IEC) announced Mr Museveni winner of the Feb 18 presidential election with 60.8 per cent, but his fellow candidates Mbabazi and Forum for democratic Change (FDC) flag bearer Dr Warren Kizza Besigye disputed the results, prompting Mbabazi, a former Prime Minister and ruling party (NRM) Secretary General, to move to court, and sue Mr Museveni and the IEC.
And today, the Supreme Court justices led by Chief Justice Bart Magunda Katureebe heard the petition and adjourned for fresh conferencing till March 14, while also telling the petitioner’s lawyers to furnish the respondent (Museveni) with an amended petition before the close of business today.
Earlier, Mbabazi’s legal team had sought an application for amendment received at 10:15am when court was supposed to be in session. In the amendment of pleadings Amama team wants all declaration forms from 50 districts and a recount.
The judges argued that the amendments are important for the issues under consideration.
The respondent’s team also protested, saying they had been ambushed by the amendment, and that the application to amend will delay the court process and amount to abuse of court process. They challenged the petitioner’s legal team to mention the special circumstances that have prompted the amendment of the petition. According to the AG, representing the respondent, it is not necessary to amend the petition merely to bring new evidence.
‘They can do so in other affidavits,’ the AG argued.
‘We are here for conferencing but we have been served with an amendment which substantially alters the first petition,’ the respondent’s team further argued.
But the petitioner’s legal team argued that ‘there is no specific rule that bars the petitioner from making amendments’.
Meanwhile, Counsel Asuman Basalirwa had expressed concern and notified court about the reported arrests and intimidation of Amama’s would be witnesses, and asked for witness protection.
Meanwhile, the press, public and advocates have been reminded about the subjudice rule and warned against discussing the case in media. The press was also advised to set their machines and sit at the back because the ‘court room is not a theatre and should be treated with decorum’, the judges said.
The full bench of SC judges hearing the petition is led by Chief Justice Bart Katureebe, while the Museveni’s team is led by the Attorney General’s team led by Deputy AG Mwesigwa Rukutana.
The Electoral Commission has also been conjoined to the petition and is represented by lawyers Muhammad Mbabazi and Enos Tumusiime.
