KAMPALA – Chief Justice Alfonse Owiny-Dollo has postponed the hearing of the application in which Robert Kyagulanyi seeks to withdraw his election petition from the Supreme Court, saying the request should first go to the noticeboard and be gazetted.
According to Justice Owiny-Dollo, the withdrawal must first be put on the Judiciary notice board and then formally published in the Uganda Gazette before it can be heard.
Justice Owiny-Dollo directed Kyagulanyi’s lawyer Medard Sseggona to file a written affidavit from the NUP president, supporting the application to withdraw the petition by closure of business on Wednesday, 24 February 2021.
In his application to support the withdrawal of the case, Mr Kyagulanyi argues that several factors were at play.
“The petitioner’s decision to withdraw the petition has been influenced by the foregoing factors and not by any corrupt bargain or consideration from respondents or any other person,” reads part of the grounds for his withdrawal.
He added that organs of the state like Uganda Police Force and National Identification Registrations of Persons Authority are being used by the respondents to investigate and infringe on the privacy of his witnesses.
Bobi Wine further reveals the procedural rule governing President Election Petitions have been applied to disadvantage him and his petition in that his application for amendment of pleadings was disallowed thus suffocating major grounds from being incorporated into the petition.
“The petitioner’s application for extension of time for filing of additional affidavits was disallowed thus frustrating effective prosecution of the petition,” the application reads in part.
Additionally, Bobi Wine says his political party offices were seized by state security operatives on the orders of President Museveni and the Attorney General’s agents which rendered him unable to file relevant affidavits and evidence in support of the petition in time, at the time of filing his Petition.