VP Ssekandi, Mbabaali draw court battle lines

By Andante Okanya

Vice president Edward Ssekandi and his political nemesis Jude Mbabaali have drawn the battle lines in a Constitutional Court petition where the Ssekandi is accused of using state resources during the February 18, 2011 Bukoto Central  parliamentary polls.

The battle lines were drawn on Monday at the  Constitutional Court in Kampala, where the parties appeared before the registrar Erias Kisawuzi.  The court session was scheduled for what is termed conferencing, where lawyers agree on the contentious issues to steer a case.

Lawyers Kiwanuka Kiryowa and Thomas Ochaya represented  Ssekandi, while Alex Candia appeared as lawyer for Mbabaali who was present in court. Ssekandi was absent.  The rivals battled in the 2011 Parliamentary polls, with Ssekandi emerging victor, while Mbabaali was second.

Candia initially submitted that in the previous court  battle in the election petition, the petition was withdrawn with the consent of both parties. But Kiryowa was discontented with the phrasing of the statement, saying  the wording was erroneous in light of what transpired.

"The election petition was withdrawn by the petitioner(Mbabaali) with the consent of the respondent(Ssekandi)," Kiryowa stated.

After a brief consultation with his lawyer, Mbabaali later conceded and accepted the phrasing as stated by Kiryowa.

In the petition filed last year on June 20, Mbabaali is seeking an order directing President Yoweri Museveni to dismiss the Ssekandi as  vice president, saying he breached the Leadership Code.

Mbabaali contends that Ssekandi , diverted five Government vehicles and fuel estimated at sh120m. Additionally, Mbabaali purports that Ssekandi used  Government employees and other facilities attached to the office of the speaker, for his campaign activities. He states this breached the Constitution and the Parliamentary Elections Act 2005.

Listed in Mbabaali's affidavit are police officers Ssekandi's official bodyguard Frank Kisambira, Charles Dickens Otim, Nathan Twesiime, Yacinto Okello, Samuel Mboizana and Simon Emuna.

 Also included are He also mentions two Parliament drivers drivers Stephen Wandera and Emmanuel Augudubo. Mbabaali purportes they traversed the constituency and  intimidated voters into voting for Ssekandi.

Ssekandi has since responded to  Mbabaali's claims, saying he used his official vehicle and allowed benefits in accordance to his entitlement as Speaker of Parliament, in accordance with the law.

Also yesterday, it was agreed that  the court should deliberate on whether the petition is time barred, and whether the court should entertain such a matter.

Kisawuzi informed the parties that a hearing date will be fixed after the court is fully constituted and when the new judges have acquainted themselves with the case file facts.