Former National Unity Platform presidential candidate, Robert Ssentamu Kyagulanyi alias Bobi Wine, has demanded three Supreme Court judges to disqualify themselves from hearing his election petition challenging president Yoweri Museveni’s victory.
Bobi Wine dragged Museveni to court disputing his controversial victory of January 14 presidential elections. Museveni was declared winner with 58 percent while Bobi Wine was given 35 percent.
The electoral process was marred by shootings, killings, arrests, voter intimidation, voter bribery and abductions. These are the reasons Bob Wine is basing on to challenge Museveni victory since such occurrences discredit a free and fair electoral process.
With the petition supposed to be disposed of within in 45 days, Bobi Wine has demanded Uganda’s Chief Justice, Alfonse Owiny Dollo, to disqualify himself from hearing his petition on grounds that he is a former lawyer of Museveni.
Dollo defended Museveni in the 2006 presidential election petition filed by Dr Kizza Besigye. City lawyer Male Mabirizi has also petitioned court demanding Dollo to excuse himself from Bobi Wine petition citing conflict of interest.
Other judges Bobi Wine wants to recuse from his case include Mike Chibita who was former Principal Private Secretary to Museveni and Ezekiel Muhanguzi, who is said to be a relative to security minister Gen Elly Tumwine. Chibita was also Uganda government’s Director of Pubic Prosecution.
Bobi Wine has threatened to withdraw his case if Dollo, Muhanguzi and Chibita do not disqualify themselves. Recuse is a legal challenge where a magistrate, prosecutor or judge is unqualified to perform legal duties because of conflict of interest.
The Uganda Supreme Court has 11 judges but two of them are already attending to other duties leaving nine members. If Bobi Wine succeeds and three other judges disqualify themselves, it means the panel will be left with six judges. One of them will have to be dropped and the case could end up being heard by only five judges.