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Bobi Wine’s application to withdraw petition hangs in balance as Court issues stringent guidelines

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Former National Unity Platform Presidential (NUP) Presidential candidate Robert Kyagulanyi Ssentamu aka Bobi Wine has formally filed a petition seeking for withdrawal of the matter in which he challenges President Yoweri Museveni’s victory in the just concluded elections.

The revelation was made by the MP’s lawyer Medard Seggona when the matter came up for pre-hearing at Supreme Court. Presided over by a panel of judges led by the chief Justice Alofonso Awinyi-Dollo, Seggona said that his client directed them to withdraw the case on grounds that the court declined to receive his evidence.

He said that Bobi filed his affidavit confirming the withdrawal of the matter however the court directed the led lawyer to as well file his affidavit before Friday.

In tandem the Chief Justice directed the respondents (Museveni and Electoral Commission) to file their submission before the end of Saturday and then the applicant will file a rejoinder. Robert Kyagulanyi’s application seeking to withdraw the Presidential petition will be published in the Uganda gazette first before it can be entertained by the Supreme Court.

The chief justice said if all the processes are followed before the end of this week, the petition will be held next week.

Earlier this month, Bobi Wine petitioned the Supreme Court challenging President Yoweri Museveni’s victory in the just concluded January general elections saying that the election was not free and fair.

He contended that throughout the campaign period the People of Uganda generally, and more particularly his supporters endured untold suffering, torture, degrading and inhuman treatment on the orders of Gen Museveni. He cited the dark days of 18th and 19th November 2020 which saw over 50 innocent, unarmed citizens murdered in cold blood by the police and military.

Last week the Supreme Court declined to receive over 200 pieces of evidence from his lawyers who were led by Anthony Wameli. The court registrar Ssali Harriet Lukwago said the Supreme Court could not receive the affidavits because they were filed beyond stipulated time as agreed during the pre-hearing session held on Thursday last week.

“Among the rejected evidence included the affidavits of the NUP secretary general Lewis Lubongoya, videos of pre-ticket ballots, and evidence of various polling stations where the incumbent got 100%. At Lwaweba polling station where they claim that Museveni got 100% seven of my relatives who votes from that station didn’t vote, two pregnant women were in the labour ward and two were arrested,” he said yesterday.

A week ago, Supreme Court chaired by the chief Justice Alfonso Owiny-Dollo dismissed the MPs petition where he sought to adduce more grounds to support his 26 claims of election fraud, for which he wants president-elect Yoweri Kaguta Museveni annulled.

In the fresh grounds, Bobi contended that Mr Museveni was not qualified as Candidate and could not lawfully Contest in the Presidential Elections being a person in command of military and police contrary to Presidential Elections amendment Act and the Constitutional Amendment

In tandem, the MP asked Justice Owiny Dollo, Mike Chibita to back off from hearing the matter because of a clear conflict of interest. He said Chief Justice represented Museveni as his lawyer in the presidential petition filed by Dr. Besigye in 2001 and the former DPP Chibita is Museveni’s former private secretary for 7 years. And yesterday Dollo declined to recuse himself from the bench.

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