The National Resistance Movement Party Legal Director Oscar Kihika has cautioned the National Unity Platform-NUP’s former party presidential flag bearer Robert Kyagulanyi to go slow while talking about matters that are before courts of law.
While addressing the party's weekly press conference at the NRM headquarters in Kampala, Kihika castigated Kyagulanyi for not trusting the institution of court he ran to for justice.
“I want to caution Hon. Kyagulanyi about the manner in which he disrespects the institution of court. He has got to know one thing, that as officers of the court all advocates are mindful of the fact they are guardians of justice and our primary responsibility is to help deliver justice,” Kihika said.
Kihika adds that it is instead bad manners for Kyagulanyi to start uttering his loose comments about the unprofessional manner because he does not like particular members of the Bench yet it is the same institution that has on several occasions ruled in his favour.
“The court has on several occasions ruled in Kyagulanyi’s favour, first in the case of NUP party transfer of ownership and in the de-facto house detention case. But we did not see him trashing court processes. Why is he biased now? Why is it now that the court is becoming unprofessional?” Kihika questioned.
He, however, advised Kyagulanyi to convince court to be able to win the petition he filed himself before speaking in public space saying that this black mail of court is not correct.
“As an officer of the court and a member of that institution I want to request Kyagulanyi to respect that institution which he ran to for justice. Your complaints will be heard and determined as it has done before,” Kihika stated.
Kyagulanyi case withdrawal threats
He added that It is up to Kyagulanyi to withdraw his petition but warned that there would be dire consequences of that decision.
“However, I need to inform you that the withdrawal of the case of this nature particularly the presidential elections petition is not just withdrawn casually, there is a process. The law provides the manner in which it is withdrawn. I hope his lawyer is advising him about this action,” Kihika cautioned.
According to counsel Kihika, for a petition to be withdrawn, the petitioner needs the permission of court following filing of an application with supporting affidavits.
In the event that the court has accepted your withdrawal application, the law is very clear that the court shall charge the party reclaiming the petition with costs. And the person that filed this petition shall defray the costs of the respondents, the amounts Kihika say are not small.
Petitioners file affidavits
On Sunday 14th February 2021, National Unity Platform-NUP’s former presidential candidate Robert Kyagulanyi Ssentamu filed 53 affidavits as evidence supporting his petition challenging the declaration of President Yoweri Museveni as a winner of the January 14th polls. They were however served to the three respective respondents who embarked on preparing affidavits in response.
According to Kihika, 188 affidavits in response have been filed.
“I am now glad to say that by past midnight on Friday we had finished compiling and therefore we have been able to file our affidavits yesterday, 188 in total. Therefore, going forward they have up to Monday to file their affidavits in rejoinder. This means that if there is anything new, we have introduced in our affidavits they have the time to bring the evidence in rebuttal,” Kihika said.
Supreme court shall deliver its judgement on the matter next month not later than March 18th.
Kyagulanyi took Yoweri Museveni, the Electoral Commission and the Attorney General to court and asked the Museveni’s declaration as winner of the election to be annulled.
Kyagulanyi alleges voter bribery, intimidation of voters, heavy deployment of security, arbitrary arrests and killings during the Electoral process.