Kampala City Lord Mayor Erias Lukwago has said that the move by the leader of National Unity platform Robert Kyagulanyi aka Bobi wine to withdraw his case from the Supreme Court was due to the frustrations caused by Chief Justice Alfonse Owiny-Dollo led Supreme Court.
After being denied by the Supreme Court to file additional affidavits in support of his petition challenging the victory of President Museveni in the January 14 elections, Bobi Wine on Monday ordered his lawyers to withdraw his case citing partiality amongst the judges.
Some lawyers alluded that Bobi Wine’s move to withdraw the case may cost him while others welcomed his move as a way of showing Ugandans and the entire world that even Uganda’s judicial system is not trustworthy and among the rotten institutions.
Among those is Lukwago, one of the senior experienced lawyers that have featured in many cases in the same category.
Lukwago, one of Bobi Wine’s lawyers said that the Supreme Court fought hard to see that they fail his client’s affidavits which had the core evidence which would have supported his petition.
He said that CJ Dollo was supposed to be guiding the court, however he masterfully participated in the process of failing justice.
“In all honesty, and with the utmost respect, Justice Owinyi Dollo, who ought to have executed a noble duty of a midwife or handmaid of Justice has instead facilitated an abortion or miscarriage of justice. The petition before him was not about Hon. Kyagulanyi but the political and constitutional stability of Uganda, and the prosperity,” Lukwago said in a Facebook statement on Tuesday.
He added that that last week’s ruling by the Supreme Court of refusing Bobi Wine’s lawyers to provide additional affidavits was a shred of clear evidence that the court wanted the matter to be aborted.
“Slamming the judicial doors in the face of Kyagulanyi’s lawyers loaded with voluminous affidavit evidence on account of minor infractions or delay by an hour or two amounted to an abdication of that noble duty,” he said.
Here is Lukwago’s full statement:
The doctrine of “Judicial Activism”, enunciated in the US constitutional jurisprudence in the mid 20th century, is such a potent weapon in non-violent revolutions as well as guaranteeing constitutional or political stability. Countries like India managed to stave off catastrophic political upheavals using this legal-political tool which has since become a rockbed for robust state structures and systems in a number of strong democracies.
This “legal innovation” enjoins the judicial arm of the state to be ingenious enough to the extent of defying orthodox or conventional fetters in dealing with potentially explosive political or constitutional matters. Simply put, the judiciary, as a bastion of Rule of Law and constitutional governance , carries on its shoulders a daunting task of jealousy protecting the sovereignty of the people and averting a political or constitutional crisis, even in circumstances that warrant doing so “suo-motu” (on their own volition).
The judicial bodies in Kenya and Malawi demonstrated aspects of this novel doctrine in the recent presidential election petitions. I would like to believe that it’s the spirit of that same dotrine that informed the provisions of Art. 104 of our Constitution which commands the Supreme Court to INQUIRE into-as proposed to hearing-a presidential election petition.
In all honesty, and with the utmost respect, Justice Owinyi Dollo, who ought to have executed a noble duty of a midwife or handsmaid of Justice has instead facilitated an abortion or miscarriage of justice. The petition before him was not about Hon. Kyagulanyi but the political and constitutional stability of Uganda, and the prosperity.
Slamming the judicial doors in the face of Kyagulanyi’s lawyers loaded with voluminous affidavit evidence on account of minor infractions or delay by an hour or two obviously amounted to abdication of that noble duty.
It’s now abundantly clear to all and sundry, particularly to peace loving Ugandans of different political persuasions that the lifeline to salvation of our motherland lies in Art. 3 of the constitution.
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