Presidential candidate Robert Kyagulanyi is set to file a presidential election petition in the Supreme Court on Monday (1st February 2021), a day after the 15-day deadline has elapsed. But why?
Kyagulanyi, who came second in the 14th January election behind the incumbent President Yoweri Museveni, is filing a last-minute petition on claims that the election was rigged in favor of Museveni.
The Presidential Elections Act (as amended) provides for 15 days within which a petition can be filed counting from the closure of polls, a deadline which elapses on Sunday, 1st February 2021.
Speaking to this website, Anthony Wameli said Kyagulanyi wrote to the Supreme Court on Friday asking the Chief Justice Alphonse Owiny Dollo to allow him file of Saturday “to avoid any eventuality” but the Lord Justice declined. Owiny Dollo however, allowed them to file on Monday.
Asked why Kyagulanyi’s petition delayed up to the deadline date, Wameli attributed the delay to the “huge volume of evidence” the lawyers had to compile in preparation for the petition.
“We wanted to ensure that we have enough evidence to prove our case before the Supreme Court and it took us a lot of time. You will see the evidence. The thing is huge because we are submitting around 500 affidavits all pointing to gross malpractices that marred the elections” He noted.
Citing Order 51 of Civil Procedure Rules, Wameli noted that the move is lawful and provides for late filing of petitions. He says, the law provides that if the deadline falls on a Sunday, a petition can be filed on the next working day which is Monday.
According to the Order 51 of the Civil Procedure Act (Statutory Instrument 71—1);
“Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, and by reason thereof the act or proceeding cannot be done or taken on that day, that act or proceeding shall, so far as regards the time of doing or taking the act or proceeding, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.”
The Presidential Elections Act (as amended) says the petition shall be accompanied by an affidavit setting out the facts on which the petition is based, together with a list of any documents on which the petitioner intends to rely. The law also requires that presentation shall be made by the petitioner leaving it in person or, by or through his or her advocate.
Simon Byabakama, the Election Commission (EC) chairperson announced President Yoweri Museveni winner of the Jan.14 polls after garnering 5,851,037 votes (58.64%) while his closest challenger, Robert Kyagulanyi Ssentamu of the National Unity Platform (NUP), polled 3,475, 398 (34.83%) of the total votes cast.
Museveni’s final tally was later updated to 6,042, 898 votes (58.38%) of the valid votes cast. Robert Kyagulanyi Ssentamu, who came second in the Jan.14 polls, also gained 156,039 votes in the final tally taking his results to 3,631, 437 (35.08%).