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Bobi Wine’s full election petition to Supreme Court

Bobi Wine to challenge election results on Monday ( PHOTO/Courtesy)

KAMPALA —National Unity Platform presidential candidate Robert Kyagulanyi, aka Bobi Wine, on Monday, February 1, 2021 filed in the Supreme Court a petition challenging the outcome of the January 14 election.

Bobi Wine, in the petition by his lawyers, asked court to nullify President Museveni’s victory, saying the election exercise was not conducted in accordance with the laws of the land.

“The election was invalid on grounds that it was not conducted in accordance with the principles laid down in the provision of the Constitution of the Republic of Uganda, the Presidential Elections Act and the Electoral Commission Act,” his petition reads in part.

He added that the continued disruption of his campaigns by police and the army on many occasions, despite clearance from the relevant authorities also indicates that the election was not free and fair. Bobi Wine adds that there was multiple voting and ballot stuffing in various parts of the country during the elections while the transmission and tabulation of actual results of the presidential elections was not transparent.

“Contrary to section 3 and 2 of the Presidential Elections Act, officers of the Uganda Police Force and the UPDF on several occasions and in several parts of the country prevented the petitioner from carrying out his nationwide consultations in preparation for his nomination as a presidential candidate.”

 

Mr Kyagulanyi also accuses the Electoral Commission of banning his campaigns in some districts to favour NRM’s Yoweri Museveni.

 

“Contrary to articles 1, 8A, 20(2), 28, 29,38 and 43 of the Constitution of the Republic of Uganda , the Presidential Elections Act and the Electoral Commission Act, through a press statement dated December 26,2020 the second respondent(Electoral Commission) arbitrarily, irrationally and indefinitely banned election campaign meetings in Kampala capital city, districts and cities of Jinja,Kabale, Kalungu, Masaka, Tororo, Luweero, Wakiso , greater Mukono,Mbarara, Kabarole, Kasese and Kazo thereby frustrating the petitioner’s right to associate, assemble and interface with the electorate.”

He argues that government refused and neglected to cause amendments to the relevant laws which would have ensured free and fair elections as directed by the Supreme Court after the 2016 election petition filed by Amama Mbabazi.

Bobi Wine wants court to declare the elections null and void and also nullify Museveni’s victory.

THE FULL PETITION

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT KAMPALA

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS ACT, 2005 (AS AMENDED)

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS (ELECTION PETITIONS) RULES

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS HELD ON THE 14TH DAY OF JANUARY 2021

PRESIDENTIAL ELECTION PETITION NO. ……………. OF 2021

KYAGULANYI SSENTAMU ROBERT ::::::::::::::::::::: PETITIONER

-VERSUS-

YOWERI MUSEVENI TIBUHABURWA KAGUTA}
ELECTORAL COMMISSION}
ATTORNEY GENERAL } :::::::::::::::::::::::::::::::: RESPONDENTS
NOTICE OF PRESENTATION OF PETITION

TO:

YOWERI MUSEVENI TIBUHABURWA KAGUTA
ELECTORAL COMMISSION
ATTORNEY GENERAL
TAKE NOTICE THAT KYAGULANYI SSENTAMU ROBERT has filed a Petition against you in Court.

YOU ARE HEREBY required to file an answer within Ten (10) days after the Petition has been served on you.

SHOULD YOU FAIL to file the answer on or before the date above mentioned, the petitioner may proceed with the Petition, which may be determined in your absence.

GIVEN under my HAND AND SEAL of this Honorable Court this…………day of………………………………….2021

____________________________

REGISTRAR

Jointly Drawn and Filed By;

Lukwago & Co. Advocates,

1st Floor, Media Plaza Building,

Plot 78 Kira Road, P.O. Box 980,

Kampala.

AND;

PACE Advocates,

2nd Floor, Interservice Towers,

Plot 33 Lumumba Avenue

P.O Box Kampala.

AND;

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,

5th Floor,Uganda House Kampala Road

P.O Box 2489, Kampala.

AND;

Wameli & Co. Advocates

Plot 43, Bombo Road

Suite Nos 13, 14 & 15

KM Plaza, Wandegeya,

P.O Box 34796, Kampala.

AND;

Kiwanuka, Kanyago & Co. Advocates

Plot 2 Bombo Road, City Apartments

P.O Box 30055, Kampala.

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT KAMPALA

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS ACT, 2005 (AS AMENDED)

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS (ELECTION PETITIONS) RULES

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS HELD ON THE 14TH DAY OF JANUARY 2021

PRESIDENTIAL ELECTION PETITION NO. …………..……. OF 2021

KYAGULANYI SSENTAMU ROBERT ::::::::::::::::::::: PETITIONER

-VERSUS-

YOWERI MUSEVENI TIBUHABURWA KAGUTA}
ELECTORAL COMMISSION}
ATTORNEY GENERAL } ::::::::::::::::::::::::::::::: RESPONDENTS
PETITION

The humble petition of KYAGULANYI SSENTAMU ROBERT whose address of service for purposes of this petition is C/o M/s Lukwago & Co. Advocates, 1st Floor Media Plaza, Plot 78, Kira Road, P. O. Box 980 Kampala whose names are stated at the foot of this petition showeth and states as follows;

Your Petitioner is a person who was a candidate at the above-mentioned Presidential election on the ticket of and under sponsorship of the National Unity Platform, a duly registered political party operating under the Laws of Uganda.
The Presidential election was held on the 14th day of January 2021, where the petitioner, together with Amuriat Oboi Patrick, Kabuleta Kiiza Joseph, Kalembe Nancy Linda, Katumba John, Mao Nobert, Mayambala Willy, Mugisha Muntu Gregg, Mwesigye Fred, Tumukunde Henry Kakurugu and Yoweri Museveni Tibuhaburwa Kaguta, were candidates and the 2nd Respondent returned Yoweri Museveni Tibuhaburwa Kaguta (1st Respondent) of the National Resistance Movement as elected and the results were declared by the 2nd Respondent on 16th January 2021 as follows;
Candidates’ Number of Percentage

Name Votes for each of total valid

Candidate votes cast

Amuriat Oboi Patrick 323,536 3.24%
Kabuleta Kiiza Joseph, 44,300 0.44%
Kalembe Nancy Linda, 37,469 0.38%
Katumba John, 35,983 0.36%
Kyagulanyi Ssentamu Robert, 3,475,298 34. 83%
Mao Nobert, 55,665 0.56%
Mayambala Willy, 14,657 0.15%
Mugisha Muntu Gregg, 65,334 0.65%
Mwesigye Fred, 24,673 0. 25%
Tumukunde Henry Kakurugu, 50,141 0.50%
Yoweri Museveni Tibuhaburwa
Kaguta, 5,851,037 58.64%

Your Petitioner is aggrieved by the election and declaration by the 2nd Respondent of the 1st Respondent as President of the Republic of Uganda and states that the 1st Respondent was not validly elected.
The Petitioner states that the election was invalid on grounds that it was not conducted in accordance with the principles laid down in the provisions of the Constitution of the Republic of Uganda, the Presidential Elections Act, the Electoral Commission Act, other relevant laws and that the non-compliance affected the results in a substantial manner, to wit;
Contrary to Articles, 61 and 119 of the Constitution of the Republic of Uganda, the 3rd Respondent neglected and/or refused to amend or cause amendment to the relevant laws which would ensure a free and fair election as directed by this Honourable Court in Presidential Election No. 01 of 2016; John Patrick Amama Mbabazi versus Yoweri Kaguta Museveni, Electoral Commission and Attorney General.
Contrary to Articles 45 and 61 of the Constitution of the Republic of Uganda, Section 12 (1) (e) and (f) of the Electoral Commission Act; the East African Community Treaty; the African Charter on Democracy, Elections and Governance; and the International Covenant on Civil and Political Rights, the second Respondent failed and/or neglected to cause amendment to the relevant laws which would ensure a free and fair election as envisaged by the Constitution of the Republic of Uganda.
Contrary to the principle of universal adult suffrage as enshrined under Articles 1, 2, 8A, 20(2), 38, 59, 61 and 103 (1) of the Constitution of the Republic of Uganda; S. 12 (e), (f) and (g) and S. 18 (1) of the Electoral Commission Act; S. 59 (6) of the Presidential Elections Act; the East African Community Treaty; the International Covenant on Civil and Political Rights; and the African Charter on Democracy, Elections and Governance, the 2nd Respondent failed and, or neglected its duty;
to take all necessary steps to ensure that all citizens qualified to vote, as envisaged by the national identification data base, register and effectively exercise their right to vote in the impugned elections.
to properly compile, maintain and update an accurate and clean voters’ register
to ensure active participation of all Ugandan adults in the impugned elections so as to comply with the principle of universal adult suffrage as enshrined in the Constitution of the Republic of Uganda and other relevant laws.

to ensure adequate voter education as required by the law.
Contrary to Articles 1, 2, 8A, 20(2), 38, 59, 61 and 103 of the Constitution of the Republic of Uganda; S. 12 and S. 18 (1) of the Electoral Commission Act; S. 21 and S. 59 (6) of the Presidential Elections Act; the East African Community Treaty; the International Covenant on Civil and Political Rights; and the African Charter on Democracy, Elections and Governance, the 2nd Respondent arbitrarily, irrationally and illegally, decreed a national election road map, mode of campaigning and other guidelines thereto without the participation of the petitioner and other stakeholders.

Contrary to S. 3 (1) and (2) of the Presidential Elections Act, officers of the Uganda Police Force and the Uganda Peoples Defence Forces (hereinafter referred to as UPF and UPDF, respectively), on several occasions and in several parts of the country, prevented the Petitioner from carrying out nation-wide consultations in preparation for his nomination as a Presidential candidate.
Contrary to Article 61 of the Constitution of the Republic of Uganda, Section 3(1) and (2) of the Presidential Election Act, Section 12 (1) (e) and (f) of the Electoral Commission Act, the 2nd Respondent failed to take necessary steps to facilitate the Petitioner in undertaking his consultations.
Contrary to S. 12 (1) (e) and (f) of the Electoral Commission Act, the 2nd Respondent failed and, or neglected to ensure secure conditions necessary for the conduct of the 2021 Presidential elections which occasioned systematic interruption and frustration of the Petitioner’s nomination, campaigns and election programmes.
Contrary to Sections 23 and 24 of the Presidential Elections Act the 2nd Respondent arbitrarily and unlawfully issued campaign guidelines which hindered a free and fair campaign to the disadvantage of the Petitioner; and enforced the said guidelines selectively to favour the 1st Respondent and his National Resistance Movement Organisation.
Contrary to Articles 1, 8A, 20 (2), 28, 29, 38 and 43 of the Constitution of the Republic of Uganda; S. 21 of the Presidential Elections Act and Ss. 12 (1) (e) and (h) and 50 of the Electoral Commission Act, through a press statement dated 26th December 2020, the 2nd Respondent arbitrarily, irrationally and indefinitely banned election campaign meetings in Kampala Capital City, the Districts/Cities of Jinja, Kabale, Kalungu, Masaka, Tororo, Luwero, Wakiso, Greater
Mukono (Buikwe, Buvuma, Mukono, Kayunga), Mbarara, Kabarole (Fort Portal City inclusive), Kasese and Kazo thereby frustrating the petitioner’s right to associate, assemble and interface with the Electorate.

Contrary to S. 32 of the Presidential Elections Act, the 2nd Respondent failed in its duty to prevent;
multiple voting in various parts of the country
ballot staffing in various parts of the country
Contrary to Article 61 (1) (d) of the Constitution of the Republic of Uganda and S. 54 of the Presidential Elections Act the 2nd Respondent failed to ascertain, transmit, tabulate and declare the actual results of the Presidential elections with transparency.
Contrary to Article 62 of the Constitution of the Republic of Uganda and Section 13 of the Electoral Commission Act, the 2nd Respondent compromised its independence by subjecting its functions to the direction and control of the 1st Respondent, state organs, agencies and security institutions.
Contrary to Articles 1, 20(2), 28, 38, 42, 43, 59 (3), 61 (a) and (b), 68 (1), 103 (1) of the Constitution of the Republic of Uganda; Ss. 12 (b), (c), (e), (f), (j) and (p) and 50 (3) of the Electoral Commission Act; Ss. 2(1), 57(2), 74 and 79 of the Presidential Elections Act, the 2nd Respondent failed to control the distribution of polling materials thereby compromising the principles of equal suffrage, transparency of the vote, security and sanctity of the ballot.
Contrary to Ss. 23 (2) and 24 (4) of the Presidential Elections Act, and 12 (1) (e) of the Electoral Commission Act, the 2nd and 3rd Respondents failed to ensure freedom and fairness during the election when the Uganda Communication Commission switched off and, or caused the switching off of the internet and mobile money services thereby curtailing the free flow of information within the electorate and resource facilitation to agents of the Petitioner.
Contrary to Article 38 of the Constitution of the Republic of Uganda and S. 12 (1) (e) and (f) of the Electoral Commission Act, the general deployment across towns and villages across the country with unidentifiable military personnel armed with guns and armoured vehicles created a general atmosphere of fear and terror causing many persons to refrain from voting.
Contrary to Articles 1(4), 8A, 24 and 38 of the Constitution of the Republic of Uganda and the principle of peaceful elections and free expression, the 1st Respondent has consistently, persistently and proudly been associated with electoral violence right from 1980, 1996, 2001, 2006, 2011, 2016 and 2021 elections; resulting into unfair elections and has proudly stated that the National Resistance Movement Organisation is the master of violence.
The Petitioner shall further aver and contend that the election was invalid on grounds that offences under the Presidential Elections Act were committed by the 1st Respondent or with his knowledge and consent or approval and that, the entire electoral process was characterized by security agencies (UPDF and UPF) committing acts of murder, causing grievous harm, violence, abduction and intimidation against the Petitioner, his agents and supporters across the country as follows;
Contrary to Ss. 67 and 68 of the Presidential Elections Act, officers of the UPF jointly with officers of the UPDF wilfully and unlawfully obstructed the Petitioner at the Nomination Centre by pepper-spraying, brutalising and abducting him in an inhuman degrading manner.
Contrary to Ss. 23 and 24 of the Presidential Elections Act, officers of the UPDF and UPF unlawfully and unfairly obstructed and interfered with most of the Petitioner’s campaign programs in various parts of the country to the advantage of the 1st Respondent and his National Resistance Movement Organisation.
Contrary to S. 70 of the Presidential Elections Act, officers of the UPF and UPDF, unlawfully blocked and disrupted the Petitioner’s manifesto launch at Kamwokya in Kampala and at Kakyeka stadium in Mbarara District by spraying teargas at the Petitioner and members of his campaign team.
Contrary to Ss. 24 and 70 of the Presidential Elections Act, the officers of the UPF and UPDF unlawfully disrupted the activities of the Petitioner’s manifesto launch when they illegally arrested members of the Petitioner’s organising team and confiscated campaign launch and branding materials including copies of his manifesto, masks, umbrellas, T-shirts, ribbons and balloons.
Contrary to Ss. 24, 26 and 70 of the Presidential Elections Act, the officers of the UPF and UPDF interfered with and disrupted the Petitioner’s campaigns and electioneering by confiscating campaign materials including T-shirts, berets, masks, ribbons, umbrellas, documents; and arresting his supporters for wearing his campaign materials and criminalising the same across the country.
Contrary to Articles 1, 8A, 20 (2), 22, 23, 24, 28, 29, and 38 of the Constitution of the Republic of Uganda; S. 67 (1) of the Presidential Elections Act and S. 12 (1) (e) (f) of the Electoral Commission Act, the Officers of the Uganda Police and the Military with the knowledge, consent and/or approval of the 1st Respondent violently humiliated, maimed, inflicted grievous harm and excruciating pain onto the Petitioner, his agents and his supporters at various campaign meetings.
Contrary to Ss. 24 (5) (a) (i) (ii) (b) (d) (e) (f) and 69 of the Presidential Elections Act, the 1st Respondent during the election, with intent to prevent the election of the Petitioner, made derogatory, reckless, malicious, sectarian, abusive, insulting, ridiculous, mudslinging false statements that the Petitioner has no ideological direction, that his supporters are stupid and that his candidature is influenced by external/ foreign forces.
Contrary to S. 76 of the Presidential Elections Act, the 1st Respondent, through members of the armed Forces, Security agencies and Resident District Commissioners during the election period used force and violence against the petitioner, his campaign agents and supporters thereby exerting undue influence unto them to support the 1st Respondent’s candidature as against the petitioner.
Contrary to Section 78 of the Presidential Elections Act, officers and members of the UPF and the UPDF, with the knowledge and consent /or approval of the 1st Respondent through his chain of command, as commander in chief and without lawful excuse maliciously destroyed, mutilated, defaced and removed the petitioner’s posters and had them replaced with those of the 1st
Contrary to Section 64 of the Presidential Elections Act, the 1st Respondent, during the election personally and/or through other persons with his knowledge, consent and/or approval committed acts of bribery by providing or causing the provision of money and other gifts to voters with the intent to cause them to vote him or refrain from voting the petitioner.
This Petition is supported by the affidavit of the Petitioner verifying the grounds on which the petition is premised and other accompanying affidavits setting out the facts on which this Petition is based.
THEREFORE, your Petitioner prays that this Honourable Court be pleased to declare and, or order that;

The presidential election held on the 14th day of January, 2021 was not held in accordance with the provisions of the electoral laws and the principles governing elections, which non-compliance affected the results of the election in a substantial manner.
The 1st Respondent was not validly elected as the President of the Republic of Uganda.
The election of the 1st Respondent as President of the Republic of Uganda be annulled and set aside.
A fresh election be conducted in accordance with the law.
The 3rd Respondent be directed again to cause amendment to the relevant electoral laws to comply with the observations, recommendations and directives of this Court in Presidential Election Petition No.1 of 2001; Rtd. Col. Dr. KiizaBesigye versus Y.K Museveni; Election Petition No.1 of 2006 Col. (Rtd) Dr. Besigye Kiiza V. Museveni Yoweri Kaguta & Electoral Commission and Presidential Election No. 01 of 2016; John Patrick Amama Mbabazi versus Yoweri Kaguta Museveni, Electoral Commission and Attorney General to enable internationally recognized principles of a free and fair election.
A permanent injunction doth issue restraining the Uganda Peoples’ Defence Forces and intelligence services from involving themselves and interfering with electoral processes in future.
A permanent injunction restraining Resident District Commissioners from engaging in partisan politics and election matters.
The Respondents pay the costs of this petition.
The Petitioner’s address of service for purposes of this petition is C/o M/s Lukwago & Co. Advocates, 1st Floor, Media Plaza Building, Plot 78 Kira Road, P. O. Box 980, Kampala.

DATED at KAMPALA this ….… day of …………………….… 2021

_____________________________________

KYAGULANYI SSENTAMU ROBERT

(PETITIONER)

_______________________________________

(COUNSEL FOR THE PETITIONER)

Lodged in the registry of the court this….day of………………2021

_____________________________

REGISTRAR

To be served on;

Yoweri Museveni Tibuhaburwa Kaguta,
Kampala-Uganda

Electoral Commission
Plot 53/56 Jinja Road

Kampala-Uganda

Attorney General
Kampala-Uganda

JOINTLY DRAWN AND FILED BY;

Lukwago & Co. Advocates,

1st Floor, Media Plaza Building,

Plot 78 Kira Road, P.O. Box 980, Kampala.

AND;

PACE Advocates,

2nd Floor, Interservice Towers,

Plot 33 Lumumba Avenue

P.O Box Kampala.

AND;

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,

5th Floor,Uganda House Kampala Road

P.O Box 2489, Kampala.

AND;

Wameli & Co. Advocates

Plot 43, Bombo Road

Suite Nos 13, 14 & 15

KM Plaza, Wandegeya,

P.O Box 34796, Kampala.

AND;

Kiwanuka, Kanyago & Co. Advocates

Plot 2 Bombo Road, City Apartments

P.O Box 30055, Kampala.

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT KAMPALA

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS ACT, 2005 (AS AMENDED)

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS (ELECTION PETITIONS) RULES

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS HELD ON THE 14TH DAY OF JANUARY 2021

PRESIDENTIAL ELECTION PETITION NO. …………..……. OF 2021

KYAGULANYI SSENTAMU ROBERT ::::::::::::::::::::: PETITIONER

-VERSUS-

YOWERI MUSEVENI TIBUHABURWA KAGUTA}
ELECTORAL COMMISSION}
ATTORNEY GENERAL } ::::::::::::::::::::::::::::::: RESPONDENTS
PETITIONER’S SUMMARY OF EVIDENCE

The Petitioner shall further adduce evidence at the trial to prove that the 1st Respondent was not validly elected and that the 2nd Respondent failed to conduct the elections in accordance with the Electoral Commission Act, the Parliamentary Elections Act and the principles governing elections which non – compliance affected the final results of the election in a substantial manner.

The petitioner shall further adduce evidence at the trial to prove that the 1st Respondent during campaigns personally or with his knowledge and consent or approval committed illegal practices and other electoral offences.

LIST OF WITNESSES

The Petitioner
Deponents of affidavits in support of the petition
Others with leave of Court
LIST OF DOCUMENTS

All Annextures to the Petitioner’s affidavit in support of the Petition
Others with leave of Court
LIST OF AUTHORITIES

The Constitution of the Republic of Uganda, 1995
The Electoral Commission Act Cap. 140
The Presidential Elections Act, 2006
The Presidential Elections (Election Petition) Rules SI 141-2
Relevant Case Law.
Others with leave of Court.
DATED at KAMPALA this………day of…………..…………….2021

__________________________________________

COUNSEL FOR THE PETITIONER

JOINTLY DRAWN AND FILED BY;

Lukwago & Co. Advocates,

1st Floor, Media Plaza Building,

Plot 78 Kira Road, P.O. Box 980,

Kampala.

AND;

PACE Advocates,

2nd Floor, Interservice Towers,

Plot 33 Lumumba Avenue

P.O Box Kampala.

AND;

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,

5th Floor,Uganda House Kampala Road

P.O Box 2489, Kampala.

AND;

Wameli & Co. Advocates

Plot 43, Bombo Road

Suite Nos 13, 14 & 15

KM Plaza, Wandegeya,

P.O Box 34796, Kampala.

AND;

Kiwanuka, Kanyago & Co. Advocates

Plot 2 Bombo Road, City Apartments

P.O Box 30055, Kampala.

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