Museveni win sealed with no petition
Mar 03, 2011
PRESIDENT Yoweri Museveni’s election victory was sealed yesterday after 10 days set by the Constitution expired without any candidate petitioning against his election.
By Cyprian Musoke
PRESIDENT Yoweri Museveni’s election victory was sealed yesterday after 10 days set by the Constitution expired without any candidate petitioning against his election.
According to Article 104 of the 1995 Constitution, any aggrieved candidate may petition the Supreme Court to challenge the election of a candidate declared by the Electoral Commission as president.
“A petition under clause 1 of this article shall be lodged in the Supreme Court within 10 days after the declaration of the election results.
“The Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings not later than 30 days from the date the petition is filed.
“Where no petition is filed within the time prescribed under clause 2 of this article or where a petition having been filed is dismissed by the Supreme Court, the candidate declared elected shall conclusively be taken to have been duly elected as President,†says clause 4 of the article.
The presidential elections took place on February 18, and the results were declared on February 20. Yesterday marked the 10th day after the declaration of the results.
Last evening, the Judiciary chief spokesperson, Erias Kisawuzi, said they had not received any petition by the close of business.
“There is nothing (petition) at the moment, according to my colleagues in the Supreme Court,†he said in a telephone interview at 5:30pm.
Asked whether this meant automatic confirmation of Museveni as President, Kisawuzi said it was not the work of the courts but the Electoral Commission to effect the confirmation by way of gazetting.
“I think he has to be gazetted because the gazette is the official document verifying something as a fact. They (Electoral Commission) are supposed to send the name to the government printer for publication,†he said.
Commission spokesperson Willy Ochora said Museveni’s name had already been gazetted as President.
“That’s what the commission has been doing with all declared results, including those of MPs. Even if there is any petitioner, such a petition would be against a gazetted winner. That’s the normal process,†he said.
Museveni competed against seven other candidates; FDC/IPC’s Kizza Besigye, DP’s Norbert Mao, UPC’s Olara Otunnu and Peoples Progressive Party’s Bidandi Ssali.
Others were Peoples Development Party’s Abed Bwanika, Uganda Federal Alliance’s Beti Kamya and independent Samuel Lubega. Â
During the campaigns, Besigye said he would not go to the courts again if he lost, citing bias in the 2001 and 2006 rulings.
In the past, the courts ruled that although there were irregularities by the Electoral Commission, they were not substantive to affect the outcome of the elections.
PRESIDENT Yoweri Museveni’s election victory was sealed yesterday after 10 days set by the Constitution expired without any candidate petitioning against his election.
According to Article 104 of the 1995 Constitution, any aggrieved candidate may petition the Supreme Court to challenge the election of a candidate declared by the Electoral Commission as president.
“A petition under clause 1 of this article shall be lodged in the Supreme Court within 10 days after the declaration of the election results.
“The Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings not later than 30 days from the date the petition is filed.
“Where no petition is filed within the time prescribed under clause 2 of this article or where a petition having been filed is dismissed by the Supreme Court, the candidate declared elected shall conclusively be taken to have been duly elected as President,†says clause 4 of the article.
The presidential elections took place on February 18, and the results were declared on February 20. Yesterday marked the 10th day after the declaration of the results.
Last evening, the Judiciary chief spokesperson, Erias Kisawuzi, said they had not received any petition by the close of business.
“There is nothing (petition) at the moment, according to my colleagues in the Supreme Court,†he said in a telephone interview at 5:30pm.
Asked whether this meant automatic confirmation of Museveni as President, Kisawuzi said it was not the work of the courts but the Electoral Commission to effect the confirmation by way of gazetting.
“I think he has to be gazetted because the gazette is the official document verifying something as a fact. They (Electoral Commission) are supposed to send the name to the government printer for publication,†he said.
Commission spokesperson Willy Ochora said Museveni’s name had already been gazetted as President.
“That’s what the commission has been doing with all declared results, including those of MPs. Even if there is any petitioner, such a petition would be against a gazetted winner. That’s the normal process,†he said.
Museveni competed against seven other candidates; FDC/IPC’s Kizza Besigye, DP’s Norbert Mao, UPC’s Olara Otunnu and Peoples Progressive Party’s Bidandi Ssali.
Others were Peoples Development Party’s Abed Bwanika, Uganda Federal Alliance’s Beti Kamya and independent Samuel Lubega. Â
During the campaigns, Besigye said he would not go to the courts again if he lost, citing bias in the 2001 and 2006 rulings.
In the past, the courts ruled that although there were irregularities by the Electoral Commission, they were not substantive to affect the outcome of the elections.