Mabirizi seeks to stop Owiny Dollo from hearing NUP election petition

mabirizi
mabirizi
By Sania Babirye

The supreme court has set the 23rd of February 2021 to hear an application filed by city lawyer Male Mabirizi seeking orders to have the chief justice and head of supreme court Alifonse Owiny Dollo from being part of the nine Justice panel set to hear NUP president Robert Kyagulanyi's election petition.

Mabirizi wants Justice Dollo to recuse himself from participating in the hearing and determining the said election on conflict of interest.

Some of the grounds that Mabirizi alleges include that the chief justice is a former lawyer of president Museveni having represented him in 2006 during the Presidential Petition filed by Dr. Kizza Besigye .

Mabirizi further alleges that Justice Dollo met President Museveni in private on the 7th of this month in pendency of the said petition which he says is not fair in the interest of serving justice although the NRM head of legal services Oscar Kihika has since responded the said allegations claiming that the said meeting was not about the pending election petition.

According to Mabirizi, the Supreme court has jurisdiction, powers and duty to make orders necessary to achieve the end of justice or to prevent the abuse of process of court even by justices of the court and set aside judgement proved to be null and void after they been passed to prevent the abuse of court processes.

Mabirizi also wants the court to stay the supreme court ruling presided over by Justice Dollo that refused Kyagulanyi to amend his petition and bring fresh evidence saying the said ruling is null and void.

In the said election petition, National Unity platform party president Robert Kyagulanyi is suing president Museveni, the Electoral Commission and the attorney general.

He wants the last court to nullify President Museveni's 14th January 2021_victory on grounds that the said elections were not free and fair after not being conducted in accordance with the principles laid down in the laws governing elections including the constitution and the Presidential elections act among others.

On Sunday, Kyagulanyi's legal team concluded filing their evidence with affidavits signed on by former Presidential candidate like Independent candidate Joseph Kabuleta in Kyagulanyi's favour.

Other justices on the panel include Justice Dr Esther Kisaakye Kitimbo, Stella Arach-Amoko, Rubby Aweri Opio, Faith Essy Mwondha, Paul Kahaibale Mugamba, Ezekiel Muhanguzi, Percy Night Tuhaise, and Mike Chibita