KAMPALA, UGANDA: City Lawyer Male Mabirizi has written to the Chief Justice, Alfonse Owiny- Dollo asking him to recuse himself from the election petition by National Unity Platform’s Robert Kyagulanyi challenging President Museveni’s victory.
In his petition, Mabirizi states that it is only wise that Dollo recuses himself from the petition since he was a lawyer representing President Museveni in a similar election petition by Dr.Kizza Besigye in 2006 challenging Museveni’s victory.
“Your participation erodes the confidence not only in you but the entire judiciary because judgment must be rooted in confidence and confidence is destroyed when right-minded people go away thinking the judge was biased,”Mabirizi says in his letter to the Chief Justice.
The controversial lawyer argues that the law stipulates that a judicial officer shall refrain from participating in any proceedings in which their impartiality may reasonably be questioned or when they have background information or experience such as their prior work as a lawyer.
“If you continue sitting, you will no doubt be contravening the Constitutional principles laid down under articles 28(i), 44( c) , 126 and 128 of the 1995 constitution which was made after several human sacrifices of our dear predecessors and brothers in the name of fairness and you will have abdicated your judicial oath,” Mabirizi says.
The lawyer avers that it will not only be illegal but also unacceptable under the constitutional and fairness principles if Chief Justice Alfonse Owiny- Dollo refuses to recuse himself from the election petition filed by Robert Kyagulanyi challenging President Museveni’s victory.