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Bobi Wine Vs. Yoweri Museveni Election Petition

The National Unity Platform (NUP) in Uganda  leader Hon. Robert Kyagulanyi alias Bobi Wine on 2nd February 2021 filed a Petition before the Supreme Court of Uganda in Kololo, Kampala,  challenging the declaration of Hon. Yoweri Kaguta Museveni as President. He seeks that the said election be annulled and a fresh election be conducted.

Bobi Wine lists various electoral malpractices including the following:-

  1. The government refused or neglected to cause amendment of relevant laws which would have ensured free and fair elections as earlier directed by the Supreme Court in the Amama Mbabazi Vs Yoweri Museveni presidential poll petition of 2016.
  2. That Mr Museveni allowed security agencies such as UPDF and police to commit murder, cause grievous bodily harm, violence, abduction and intimidation against NUP agents and supporters cross the country.
  3. That Museveni bribed voters when he caused the provision of money and other gifts to voters with intent to influence them to vote him or refrain from voting for Bobi Wine.
  4. That Yoweri Museveni orchestrated Electoral Violence before and during the election.
  5. The Electoral abdicated its independence and subjected its functions to the direction and control of a candidate Museveni, state organs, agencies and security institutions, which actions violate the Constitution.
  6. The electoral commission is accused of failing to prevent multiple voting, ballot stuffing, failure to ascertain, transmit, tabulate and declare the actual results of the presidential elections transparently.
  7. He takes issue with the Electoral Commission for banning him from carrying out his campaigns in 16 districts including the capital Kampala, Jinja, Kabale, Kalungu, Masaka, Tororo, Luwero, Wakiso, Greater Mukono (Buikwe, Buvuma, Mukono, Kayunga), Mbarara, Kabarole (Fort Portal City inclusive), Kasese and Kazo.
  8. Accuses the Electoral Commission of disenfranchising voters, failing to produce accurate voters’ register and conduct voter education, arbitrarily decided election roadmap, mode of campaign and guidelines; failed to ensure secure conditions for election; selectively-applied arbitrary guidelines; failed to guarantee Bobi Wine’s and failed in effective distribution of voting materials

Yoweri Museveni Tibuhaburwa Kaguta, the president-elect on his part has responded to the Petition through his lawyers K&K and Byenkya, Kihika & Co Advocates. He asked that the Petition be dismissed for among the following reasons:-

  1. The Petition was not filed within 15 days after the declaration of the election results on January 16, 2021 as prescribed by the Constitution.
  2. The electoral body conducted the presidential polls in accordance with the law and returned him as the lawfully elected president.
  3. Any non-compliance in conduct of the election did not affect the results of the election in a substantial manner.
  4. Hon. Kyagulanyi run-ins with security forces was self inflicted after defying the election guidelines and Covid-19 measures.

The Court shall conduct a pre-hearing conference on Thursday 9th February 2021.

 

 

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