“I have listened carefully to the submissions by the applicant, well argued; for the reasons I will give in my detailed ruling to be delivered on notice, I decline to recuse, I find no merit in the application,” Dollo said.
The Chief Justice Alfonse Owiny-Dollo has declined to
step down from being part of a panel hearing the case in which National Unity
Platform president, Kyagulanyi Ssentamu Robert is challenging the victory of
Yoweri Kaguta Tibuhaburwa Museveni in the January 14th presidential election.
The
panel of nine Justices is headed by the Chief Justice himself.
In an application filed by city lawyer Male
Mabirizi Kiwanuka asking Dollo to step down because he is former lawyer to
Museveni in a similar case in 2006, Dollo did not immediately give the reasons why he was
refusing to recuse himself from hearing the petition.
“I have listened carefully to the submissions by the
applicant, well argued; for the reasons I will give in my detailed ruling to be
delivered on notice, I decline to recuse, I find no merit in the application,”
Dollo said.
During the hearing, Mabirizi had argued that as a
former lawyer to Museveni, Dollo couldn’t possibly be just to the petitioners.“I have said
since My Lord was a hired lawyer, ask any reasonable man, they will tell you
that a former lawyer can’t try his client," Mabirizi argued. "I don't have any personal grudge
against you. I have no grudge about your capacity. I have actually won several
cases before you.”
When Mabirizi talked about a reasonable person, Dollo
asked him whether he was reasonable himself. “Yes I’m beyond a reasonable person,” Mabirizi said
sending the whole court in laughter.
Dollo also asked Mabirizi how he was able to be confirmed
by parliament as chief justice well knowing that he was a lawyer for Museveni
in the 2006 case. He wondered whether 2006 is not far long a time that what
happened then can influence his decisions now.
In response Mabirizi told Dollo
that even if there were no such strong grounds like he was raising, he should
still recuse himself. “I'm saying that there's no vindication against the
judge but for the sake of the public you should recuse yourself even if there are no
grounds for recusal," Mabirizi said. "The moment someone says that recuse you must go to give the
public a feel of court."
Today’s application comes amidst new
developments in the case as yesterday, Kyagulanyi told a press conference in
Kampala that he had given instructions to his lawyers to withdraw the case.
However, by the time of filing this story, the lawyers had yet to file any
application to that effect.
Meanwhile, court also heard Mabirizi’s other
application demanding that it reviews its decision declining to grant leave of
court to Kyagulanyi to amend his petition and introduce new grounds on which to
challenge Museveni’s victory. Judgement wil be given on notice.
//Cue in: “But as I ….
Cue out: … East African Court”.//
Luganda
Cue in: “Bwoba yegwe kenyini…
Cue out: …mbu ajaziwa oluvanyuma”.//
About two weeks ago, court dismissed the
application without giving any reasons. The two dismissals [including one to
file evidence beyond the agreed time] and complaints about the impartiality of
the judges is what drove Kyagulanyi to order his lawyers to withdraw the
petition.
