SUPREME COURT, UGANDA: Former presidential candidate Robert Kyagulanyi Ssetamu aka Bobi Wine of the National Unity Platform has filed an election petition to the Supreme Court of Uganda challenging President Museveni’s victory in the juts concluded general elections.
According to the final results released last week by Justice Simon Byabaka the EC Chairperson, Mr. Museveni the incumbent President garnered a total of 6,042898 votes (58.38%) whereas Bobi Wine came second with 3631437 votes (35.08%) of the total votes cast.
However, in the petition, Kyagulanyi says the campaigns and the subsequent elections were not free and fair, rendering the outcome null and void.
“The election was invalid on grounds that it was not conducted in accordance with the principles laid down in the provision of the Constitution of the Republic of Uganda, the Presidential Elections Act and the Electoral Commission Act,”Bobi Wine alleges in the petition submitted on Monday Feb 1, 2020.
Kyagulanyi says that his campaigns were always disrupted by police and on many occasions, they never happened, despite clearance from the relevant authorities.
“Contrary to section 3 and 2 of the Presidential Elections Act, officers of the Uganda Police Force and the UPDF on several occasions and in several parts of the country prevented the petitioner from carrying out his nationwide consultations in preparation for his nomination as a presidential candidate.”
Kyagulanyi also accuses the Electoral Commission of issuing campaign guidelines that hindered a free and fair campaign to his disadvantage but on the other hand enforced the same to favour of NRM’s Yoweri Museveni.
“Contrary to articles 1, 8A, 20(2), 28, 29,38 and 43 of the Constitution of the Republic of Uganda , the Presidential Elections Act and the Electoral Commission Act, through a press statement dated December 26,2020 the second respondent(Electoral Commission) arbitrarily, irrationally and indefinitely banned election campaign meetings in Kampala capital city, districts and cities of Jinja,Kabale, Kalungu, Masaka, Tororo, Luweero, Wakiso , greater Mukono,Mbarara, Kabarole, Kasese and Kazo thereby frustrating the petitioner’s right to associate, assemble and interface with the electorate.”
The petitioner says EC failed to deal with multiple voting and ballot stuffing in various parts of the country during the elections whereas the body also failed to ascertain, transmit, tabulate and declare the actual results of the presidential elections with transparency.
He argues that government refused and neglected to cause amendments to the relevant laws which would have ensured free and fair elections as directed by the Supreme Court after the 2016 election petition filed by Amama Mbabazi.
Orders
Kyagulanyi now wants court to declare the January 14, 2021 elections were not held in accordance with provisions of the electoral laws and the principles governing elections.
“The petitioner prays that the first respondent (Yoweri Kaguta Tibuhaburwa Museveni ) was not validly elected as the President of the Republic of Uganda. The election should be annulled and set aside and a fresh election be conducted in accordance with the law,”Kyagulanyi says.
In the petition, Yoweri Museveni Tibuhaburwa Kaguta, Electoral Commission and the Attorney General have been listed as respondents.
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