By Sania Babirye
National Unity Platform party president Robert Kyagulanyi has officially filed an application before the Supreme court seeking for just one more day to file his remaining 137 affidavits including video footage and photos which he says will allow the Supreme court to inquire effectively and determine all questions in his petition.
The chief justice gave Kyagulanyi’s legal team up to 14th of this month as the deadline for submitting all their evidence, buy the team was only able to file only 53 affidavits by Sunday 14th and took the remaining affidavits to the Supreme court on Monday the 16th which were rejected by the chief justice because they were filling them past the deadline.
Law experts described justice Alifonse Owiny Dollo’s refusal to receive Robert Kyagulanyi’s affidavits after the deadline as illegal.
Male Mabirizi a constitutional lawyer says that Justice Dollo’s decision to reject Kyagulanyi’s 137 affidavit’s that were brought on Monday this week is contrary to rule 13(1) of the Supreme court rules which prevent it from refusing to receive documents filed outside time but to instead mark them as “filed out of time”.
After failing to beat the deadline, Robert Kyagulanyi’s legal team wrote to the chief justice requesting to have the court receive their affidavits including those of NUP members like Ali Bukeni aka Nubian Li who are currently locked up after being denied bail by the army court on grounds that the deadline given to them by the chief justice had elapsed.
According to a reply made by the chief justice and addressed to Kyagulanyi’s legal team of Anthony Wameeli and Company advocates dated 15th February 2012, the chief justice States that only 50 copies of affidavits filed before 5pm on the 14th of February will be allowed to be received by the Supreme court registry to make up the number required by the Supreme court.
During pre hearing, Kyagulanyi’s lawyers led by Medard Ssegona asked for more time explaining to justice Dollo and other members on the panel that they ate finding it difficult to have their affidavits and file them in time since most of their witnesses have been kidnapped by security while others are behind bars.
The case will be determined on the 18th of March.
In the said petition, Kyagulanyi who came second in the concluded general elections is contesting President Museveni’s victory on grounds that they election was not free and fair.
Other respondents in the case include the Electoral commission and the attorney general who have all asked the Supreme court to dismiss the said petition claiming that the elections were free and fair.