The lawyers representing the first runner-up in the recently concluded presidential elections Robert Kyagulanyi Ssentamu, have finally got some relief after serving President Elect Yoweri Museveni with copies of the petition seeking to overturn his victory.
The lawyers led by Anthony Wameli and Geoffrey Turyamusiima on Wednesday served Museveni through one of his lawyers Esau Isingoma from K and K Advocates at the Supreme Court in Kololo.
The service was witnessed by the Supreme Court Registrar Harriet Ssali and the NRM Secretary General Justine Kasule Lumumba who had accompanied Isingoma.
Before serving, the parties first appeared before the Registrar Ssali and it is where Museveni’s lawyer Isingoma tendered a letter showing that President-Elect Museveni had instructed them to receive the petition on his behalf.
“…. We act for and on behalf of His Excellency Yoweri Kaguta Museveni, the President of Uganda” read the letter in part. “It has come to our client’s knowledge that a presidential election petition has been filed with our client as a named respondent. This is to confirm that we have instructions to receive service of process in the said petition.”
The letter concludes: “We request you to inform Counsel for the petitioner accordingly”.
But Wameli said he had not been given a copy of the instructions and that they wanted to be courteous and be served them through their addresses.
However, Kyagulanyi’s lawyers later served Museveni’s lawyer and Secretary General Lumumba who had waited for them close to an hour before they could arrive at court. The Registrar has also informed the parties that she will be giving them dates for when to conduct the pre-hearing by next week once all parties have put in their responses.
Serving the president, the related papers arises from the Monday petition filed against Museveni the National Resistance Movement Candidate, Electoral Commission and the Attorney General seeking to overturn Museveni’s victory.
Museveni won the January 14th presidential elections with 58.38 percent of the votes casted whereas Kyagulanyi the National Unity Platform Candidate obtained 35 percent of the votes, according to the results released by the Electoral Commission Chairperson Justice Simon Byabakama.
Following this, Kyagulanyi petitioned the Supreme Court listing 26 grounds for which Museveni’s victory should be overturned.
He argued that the entire electoral process was a sham having been marred by a number of irregularities such as non-compliance with electoral laws, bribery, intimidation, favoritism during campaigns, arrests and failure by the government to make amendments to the laws that would result into free and fair elections.
The musician turned politician also argued that there was involvement of the army that reportedly caused violence and hence loss of lives among others.
As such, Kyagulanyi asked court to order for a fresh election and issue a permanent order restraining security from ever involving themselves in future polls.
Speaking to URN after effecting service, Kyagulanyi’s lawyer Wameli said that finally they have gotten some relief after tracing Museveni in Kampala city since yesterday and failing to find him yet today was the deadline. The head of legal department at NUP added that they intend to bring in additional evidence of approximately 400 affidavits to support their case.
For her part, the NRM Secretary General Justine Kasule Lumumba says that everything was done according to the law and she called upon their supporters any time they are approached to give evidence in court to respond positively.
“At every polling station, our agents gave us the Declaration Forms, we did whatever we did legally. We ask all those that will be called to be witnesses to come out, so that we defend our victory that the Ugandans gave us,” she said.
The panel to hear this petition is yet to be constituted by the Chief Justice Alfonse Owiny-Dollo before a hearing date can be given.
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By: URN
