New twist in Besigye nomination petition
Feb 13, 2006
The Constitutional Court yesterday directed the State to join two petitioners against the Electoral Commission (EC), which has been sued for nominating Col. Kizza Besigye despite contrary advice by the Attorney General.
By Anne Mugisa and Hillary Nsambu
The Constitutional Court yesterday directed the State to join two petitioners against the Electoral Commission (EC), which has been sued for nominating Col. Kizza Besigye despite contrary advice by the Attorney General.
The Attorney General (AG) had been named co-respondent along with the EC and Besigye, by two teachers challenging Besigye’s nomination when he was in prison with cases pending against him.
Besigye was nominated on December 14, 2005, after the EC overruled the AG’s advice not to.
The AG wrote to the EC on December 7, saying Besigye could not be nominated because he was facing criminal charges.
The Solicitor General, Lucian Tibaruha, also stunned court yesterday when he disowned the defence affidavits of the EC, which said the AG drew and filed them.
Tibaruha said the EC never consulted the AG, the Solicitor General or the Director of Civil litigations when it was drawing and filing the papers.
The EC engaged private lawyers from Bakidde, Hannan and Ssekaana Advocates, to represent them against the petition.
Tibaruha said the drafting of the EC documents in the suit could not be attributed to the AG.
“When we were served, I rang (Sam) Rwakoojo, the EC secretary and told him that whatever was done was not done on our authority and we don’t accept it,†Tibaruha said.
He added, “We can amend it and proceed so long as it is not attributed to the Attorney General. Remove the phrase drawn and filed by the AG.â€
The teachers, Faraj Abdullah and Asol kabagambe, dragged the AG in the suit for not exercising his mandate to challenge EC’s “illegal†action.
The Constitutional Court yesterday directed the State to join two petitioners against the Electoral Commission (EC), which has been sued for nominating Col. Kizza Besigye despite contrary advice by the Attorney General.
The Attorney General (AG) had been named co-respondent along with the EC and Besigye, by two teachers challenging Besigye’s nomination when he was in prison with cases pending against him.
Besigye was nominated on December 14, 2005, after the EC overruled the AG’s advice not to.
The AG wrote to the EC on December 7, saying Besigye could not be nominated because he was facing criminal charges.
The Solicitor General, Lucian Tibaruha, also stunned court yesterday when he disowned the defence affidavits of the EC, which said the AG drew and filed them.
Tibaruha said the EC never consulted the AG, the Solicitor General or the Director of Civil litigations when it was drawing and filing the papers.
The EC engaged private lawyers from Bakidde, Hannan and Ssekaana Advocates, to represent them against the petition.
Tibaruha said the drafting of the EC documents in the suit could not be attributed to the AG.
“When we were served, I rang (Sam) Rwakoojo, the EC secretary and told him that whatever was done was not done on our authority and we don’t accept it,†Tibaruha said.
He added, “We can amend it and proceed so long as it is not attributed to the Attorney General. Remove the phrase drawn and filed by the AG.â€
The teachers, Faraj Abdullah and Asol kabagambe, dragged the AG in the suit for not exercising his mandate to challenge EC’s “illegal†action.