Uganda Supreme Court adjourns after petition
Hearing of defeated independent presidential candidate Amama Mbabazi’s petition at the Supreme Court challenging President Yoweri Museveni’s victory is underway. PHOTO | NMG
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This was after Deputy Attorney General Mwesigwa Rukutana told court, “My Lords 30 minutes ago we received an amended copy of the petition which fundamentally departs from the original petition.” Didaa Nkurunziza and Enos Tumusiime who are representing Mr Museveni and EC respectively too said they had not read the petition as amended.
Kampala. The Supreme Court has gone into recess for 30 minutes to give petitioner Amama Mbabazi and respondents Yoweri Museveni, the Attorney General and Electoral Commission legal teams time to consult on an amendment of the petition.
This was after Deputy Attorney General Mwesigwa Rukutana told court, “My Lords 30 minutes ago we received an amended copy of the petition which fundamentally departs from the original petition.” Didaa Nkurunziza and Enos Tumusiime who are representing Mr Museveni and EC respectively too said they had not read the petition as amended.
Chief Justice Bart Katureebe took issue with the amendment, “It is a rumour; we have just heard about it. How do you want court to proceed on an amended petition it has not seen?” he asked.
Mr Mbabazi’s team lead counsel, Mohammed Mbabazi in the scheduling conferencing (a pre-trial stage of the landmark hearing where the legal teams will agree on and frame issues) raised an argument that the right to be heard and a fair trial would be violated if the court did not consider the amended petition fell on deaf ears.
But Chief Justice Katureebe said: “This is a presidential election petition which has timelines this court has no control over. It has to be heard and disposed of in 30 days, you cannot come on the 31st day and say you have a right to be heard.”
The Civil Procedure rules allow parties in a suit to amend their pleadings at any stage of the hearing.
The nine justices of the Supreme Court will use the adjournment to peruse through the amended petition.
In the amended petition, Mr Mbabazi demands that the EC to produces copies of the declaration of results forms and the disc images of the Biometric Voter Verification System used in over 30 districts including Arua, Buhweju, Gomba, Insingiro, Kampala, Kween and a recount in the said polling stations. In the amended affidavit Mr Mbabazi states, “I am certain that a recount of the votes cast in the named districts is necessary and practical to determine the substantial effect of the malpractices and non compliance acts of the 2nd respondent in conduct of the election in question.” (NMG)
