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The Supreme Court Justices have fixed February 23rd 2021 to hear an application in which city lawyer Male Mabirizi wants the Chief Justice Alfonse Owiny-Dollo to recuse himself from a presidential election petition.
In his application formally filed on Monday, Mabirizi wants the Chief Justice to disqualify himself from the panel to hear the petition filed by former National Unity Platform Presidential Candidate Robert Kyagulanyi who is seeking to overturn the victory of NRM’s Yoweri Tibuhaburwa Museveni.
This is on grounds that Owiny- Dollo was previously hired as a personal lawyer representing Museveni in the 2006 presidential election petition filed against him by his rival Dr Kiiza Besigye.
According to Mabirizi therefore, Owiny-Dollo should recuse himself from all the court proceedings involving Museveni because he is partial.
In his evidence before the court, Mabirizi states that on February 5, 2021 while presiding over the new law year, Owiny-Dollo requested for an appointment to meet Museveni so that he can present the Judiciary Budget which Museveni agreed to.
He adds that on February 7, Owiny-Dollo in company of Deputy Chief Justice and other judicial leaders met Museveni met; and on February 9th and 11th, he presided over the application by Kyagulanyi together with eight other Justices.
According to Mabirizi, already evidence also shows that the said application in which Kyagulanyi sought permission to amend his presidential petition was later dismissed.
But Mabirizi adds that on February 12th when he accessed Owiny-Dollo’s Curriculum Vitae, he found him stating that he was Museveni’s lawyer. But he reportedly wrote to Owiny-Dollo and did not get any feedback.
Therefore, to Mabirizi, given the said prior arrangements with Museveni, he is sufficiently partial not to preside over Kyagulanyi’s petition.
He says the actions of Owiny-Dollo to preside over the said petition is contrary to the Constitution and basics principles of fair hearing.
Mabirizi now wants the Supreme Court also to set aside the decision of dismissing Kyagulanyi’s application seeking to amend his petition because the Chief justice who signed on the decision was not qualified to preside over the matter.
“In the interest of protecting the sanctity of the Constitution, promotion of fair hearing and rule of law the application should be granted”, reads Mabirizi’s application in part.
Meanwhile Mabirizi has also petitioned the Permanent Secretary to the Judiciary Pius Bigirimana demanding for the budget so far spent on two presidential election petitions. That is the one for jailed presidential Aspirant Ivan Samuel Ssebaduka which was filed in 2020 and the current one for Kyagulanyi.
He alleges that since 2019, the Supreme Court Justices were in conflict over money spent and shared in hearing and determination of his constitutional appeal challenging the removal of presidential age limit from the constitution.
“I am suspicious that a lot of money is being spent ignominiously under the blanket of these presidential election petitions. A closer look into these documents may reveal evidence of substantial contravention of or failure to comply with the law and or several corruption related offenses by Judiciary staff’, reads his letter to Bigirimana.
Mabirizi now argues that the Judiciary’s Permanent Secretary who has acknowledged receipt of his letter has no option but to give him information within 21 days upon receipt in as far as the Access to Information Act of 2005 is concerned.
