Museveni asks court to dismiss Bobi’s petition

Yoweri Museveni Tibuhaburwa Kaguta, the president-elect, has asked the Supreme Court to dismiss with costs the presidential poll petition lodged against him by his political rival Robert Kyagulanyi, aka Bobi Wine, for being filed late, among other grounds.

This was contained in a written response by Mr Museveni to Mr Kyagulanyi’s poll petition, which he filed last week seeking to annul Mr Museveni’s January 14 victory.

Mr Museveni filed his response through his lawyers of K&K and Byenkya, Kihika & Co Advocates.

“The 1st respondent (President-elect) avers that the petition is barred by law in that it was not filed within 15 days after the declaration of the election results on January 16, 2021 as prescribed by the Constitution,” Mr Museveni states in his response be filed on Saturday.

“Wherefore, the 1st respondent (president-elect) prays that the petition be dismissed with costs,” he further asks court.

Further in his response, the former National Resistance Movement (NRM) presidential candidate avers that the electoral body conducted the presidential polls in accordance with the law and returned him as the lawfully elected president.

“The 1st respondent (Mr Museveni) states that the election was conducted in accordance with the provisions of the Presidential Elections Act and the Electoral Commission Act and in compliance with principles laid down in those provisions and any non-compliance in conduct of the election, which is denied, did not affect the results of the election in a substantial manner,” he states.

Mr Museveni has also attributed the confrontations that Mr Kyagulanyi had with security forces as having been occasioned by his wrongful and unlawful conduct when he allegedly defied the election guidelines and Covid-19 measures.

He also denies having been favoured by EC on grounds that he was law abiding. Mr Museveni also denies having compromised the independence of the EC by subjecting its functions to his control.

“It is not true that the 2nd respondent (EC) was silent or gave me preferential treatment with respect to enforcement of the Covid-19 rules and the EC guidelines as I obeyed all guidelines and there was no enforcement required against me. I know that guidelines should not be enforced against a law-abiding person in order to achieve equity with a law breaker,” the president-elect states.

Adding: “The 1st respondent (Mr Museveni) states that it is not true that the 2nd respondent (EC) compromised its independence by subjecting its functions to the direction and control of the 1st respondent, the state organs, agencies and security institutions.”

On Monday last week, Mr Kyagulanyi in his poll petition, accused the electoral body of having compromised its independence when it subjected its functions to the direction and control of candidate Museveni, state organs, agencies and security institutions, which actions violated the Constitution.

The leader of National Unity Platform (NUP) also accuses EC of failing to prevent multiple voting in various parts of the country, ballot stuffing, failure to ascertain, transmit, tabulate and declare the actual results of the presidential elections transparently.

He also blames the electoral body for banning him from carrying out his campaigns in 16 districts including the capital, Kampala, claiming his rights were frustrated as he did not associate or interface with his voters and that this cost him votes that would have made him winner of the presidential election.

President-elect also in his response, denies having had a hand in ordering security to brutalise Mr Kyagulanyi and his supporters, including confiscating their berets and other campaign materials as alleged in the petition.

“The 1st respondent did not personally, interfere with or obstruct the petitioner’s campaign programme neither was it done with knowledge. The interference or obstruction, if any, which is denied, did not advantage the 1st respondent or the National Resistance Movement,” Mr Museveni states.

On switching off the Internet during the polling dates, Mr Museveni supports the government move, saying the decision to shut down the Internet facilitated a free and fair election since some citizens were using it to spread lies.

Mr Kyagulanyi filed his petition on February 1, 16 days after the declaration of the presidential polls by the Electoral Commission. His lawyers had sought to file the said poll petition on January 30 which fell on a weekend to beat the 15-day period, but the court officials asked him to file the same last Monday since the 15 days’ period had fallen on a weekend.