Seven judges to hear Besigye poll petition

Mar 16, 2006

BATTLE lines in the FDC president Kizza Besigye’s petition seeking to nullify President Museveni’s re-election have been drawn. The Supreme Court said yesterday the hearing starts on Wednesday.

By Hillary Kiirya

BATTLE lines in the FDC president Kizza Besigye’s petition seeking to nullify President Museveni’s re-election have been drawn. The Supreme Court said yesterday the hearing starts on Wednesday.

Seven days, including Saturday, have been allocated to the petition, expected to be disposed of by April 5.

The decision was taken at a meeting presided over by Justices John Tsekooko, Alfred Korokora and Joseph Mulenga who ordered the parties to file before March 22, all affidavits and copies of authorities they intended to use.
Tsekooko said any affidavit that will not have been filed by then shall be on special request and shall be determined by the judges.

He also ordered Solicitor General Lucien Tibaruha to provide FDC lawyers with the tally sheets and the reports from returning officers in every district.
FDC head lawyer Wandera Ogalo informed the court that they had 200 affidavits 70 of which were filed yesterday.

NRM’s lead counsel Dr. Joseph Byamugisha said as soon as FDC files their affidavits, his team will reply immediately.

Besigye was present in court as was NRM secretary general Amama Mbabazi and the party’s legal head Sam Kutesa.
Besigye was Museveni’s main challenger in the February 23 elections.

Records with court registrar Henrietta Wolayo indicate that all the seven Supreme Court judges headed by the Chief Justice Benjamin Odoki will hear the petition.

The others are Arthur Oder, George William Kanyeihamba and Bert Katureebe.
The Electoral Commission has hired Kampala Law Associates to assist the Attorney General.

Lawyers Peter Kabatsi, Elly Karuhanga, Oscar Kambona, Dr. Charles Kalumiya, Samuel Mayanja, David Mpanga (not Besigye’s counsel by the a similar name), Henry Wamboga and Tom Mbalinda will feature.

Unlike in 2001, the NRM has slashed its lawyers to 10. They are Byamugisha, Didas Nkurunziza, Alphonse Owiny Dollo, Andrew Kasirye, William Byaruhanga, Peter Nkurunziza, John Kanyemibwa, Kiryowa Kiwanuka, Edwin Karugire and Geoffrey Kandeebe.

The court advised the lawyers to meet and iron out contentious issues and file agreed facts with court before the hearing date.

Asked if they had preliminary objections to the petition, Byamugisha and Tibaruha said their side did not.

The issue of the venue, however, became contentious when the lawyers argued that the time allocated for lunch break was short. They had asked the court to shift to the High Court premises but the judges refused saying Mengo was their home.

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