Bobi Wine to pay about sh60bn if he withdraws petition against Tubuhaburwa
By Angela Nyakuni
Hon Robert Ssentamu Kyagulanyi aka Bobi Wine is threatening to withdraw the 2021 Election Petition, but if he does so he will lose about sh600bn in costs.
The law under section 61 of the Presidential Elections Act 2005 allows for the withdraw of an Election Petition, however, it can only be done by way of seeking leave of court in form of filing an application to withdraw thereafter court can hear the application and allows the withdraw of a petition referring to Section 61 clause (i).
Section 61 clause (ii) of the Presidential Elections Act 2005 however gives the opportunity to any other candidate who may have been a petitioner in respect to elections to apply to the supreme court to be substituted as a petitioner. This basically means Hon. Kyagulanyi can’t hold Ugandans at ransom with threats to withdraw the Petition Katumba Oyee may take it up from there.
The very bad news is that clause (v) of section 61 states, “If the Petition is withdrawn the Petitioner shall be liable to pay the cost of the respondent.”
The NRM deployed 40 lawyers to defend President Tubuhaburwa Museveni, the Electoral Commission and Attorney General, who are also respondents of the matter, a case of this magnitude is likely to attract costs not less than 60 billion shillings. It beats ordinary understanding to find Hon Kyagulanyi is quagmire; as if he does not have lawyers who exactly advise him! Hon Kyagulanyi’s lawyers are not doing what they are supposed to do.
The Judiciary in Uganda said that it was ready to handle all election disputes that would emerge from the Presidential and Parliamentary elections that was held on 14th January, 2021.
Uganda’s Deputy Chief Justice (DCJ) Richard Butera disclosed that the judiciary had already conducted training for judicial officers particularly on the handling of election petitions and disputes.
The DCJ said that among those who had undergone specialized training were judges of the Supreme Court and the High Court, Registrars of all courts and magistrates, adding that the training had also attracted lawyers from the Electoral Commission of Uganda and the Uganda Law Society. However, still pending was the training of judges of the Court of Appeal.
The DCJ further said that presidential election petitions was to be filed with the Supreme Court within 15 days of gazettement of results by the Electoral Commission and disposed of within 60 days.