By Anthony Weshaka
From Job Bwire
The Supreme Court has advised former presidential candidate Willy Mayambala to use a lawyer to request the heir to the presidential petition of contestant Robert Kyagulanyi, aka Bobi Wine, who questions President Museveni’s victory.
This is because the court says Section 61 of the Presidential Election Act requires that the interested presidential candidate can formally submit an application without writing a letter, according to Supreme Court Chancellor Ms. Harriet Nalukwago Ssali.
“Reference is made to yours dated February 25, 2021, in which you wrote to the Hon Chief Justice for instructions regarding the inheritance of the petition. Section 61 (2) of the Presidential Election Act provides that” after hearing the motion on withdrawal of a candidate who may have been a petitioner in relation to the election to which the petitioner is referring, may request that the court be replaced as petitioner for the petitioner who wishes to withdraw. “On the basis of the above, it is hereby recommended that you seek the services of a lawyer with a view to filing a formal application,” stated Ms Ssali’s reply to Mr Mayambala’s letter.
In his letter, Mr. Mayambala informed the court of his interest in accepting and continuing the pursuit of the petition.
Mr Mayambala says he is opposed to Bobi Wine withdrawing the survey.
At a press conference in Kampala on Monday, Bobi Wine announced that he had instructed his lawyers to withdraw the February 1 vote to question Mr Yoweri Museveni’s victory in the January 14 general election.
He accused the court of bias and frustration, among other things, and said he was going to the Public Opinion Court instead.
“I am writing to object to the withdrawal of the President’s petition previously filed by Robert Kyagulanyi Ssentamu against the various defendants as set out in the petition,” Mayambala wrote.
Pursuant to Section 61 (2) of the Presidential Election Act, a former presidential candidate can be used as a petitioner in a withdrawn presidential election petition.
Mr Mayambala, who was among the eleven presidential candidates, came last after receiving 14,657 votes, which is 0.15 percent of the votes cast.
He now wants the court to guide him on the steps to take over the Bobi Wine petition.
“What exactly am I required to inherit this petition? Is there any chance that new evidence may be presented to your Honorable Tribunal? “Mr. Mayambala asked.
Mr Mayambala’s letter to the Supreme Court comes at a time when Bobi Wine’s lawyers have opened formal proceedings to withdraw his petition.
The court has yet to finalize the gazetting process before hearing the motion to withdraw the petition.
On Friday, Mr. Jameson Karemani, Justice Public Relations Officer, confirmed receipt of the letter from Mr. Mayambala.
“It is a letter to the Chief Justice that he has not replied to. We are therefore waiting for his reply, which will indicate what to do,” Karemani said by phone.
He said that despite Section 61 of the Presidential Elections Act, which allows a former presidential candidate to be replaced to inherit a withdrawn nomination, the interested party will have to motion rather than write a letter.
Mr Kyagulanyi had challenged Mr Museveni on the grounds that he had not been legally elected.
He wanted the court to annul his victory and order the electoral commission to organize new presidential elections.