Overturn Museveni’s election, order for fresh polls- Kyagulanyi petitions Supreme Court

National Unity Platform’s presidential candidate in the just concluded presidential election, Robert Kyagulanyi has filed a petition challenging President Museveni’s re-election.

According to the final results announced by the Electoral Commission last week, the incumbent, President Museveni got 6,042898 votes representing 58.38% whereas the runners up, Kyagulanyi got 3631437 votes representing 35.08%.

However, in the petition, Kyagulanyi says the campaigns and the subsequent elections were not free and fair, rendering the outcome nugatory.

“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,”Kyagulanyi says.

The presidential candidate in just concluded election says that his campaigns were always disrupted by police and on many occasions, they never happened, despite clearance from the relevant authorities.

“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.”

Kyagulanyi also accuses the Electoral Commission of issuing campaign guidelines that hindered a free and fair campaign to his disadvantage but on the other hand enforced the same to favour of 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.”

The petitioner says EC failed to deal with multiple voting and ballot stuffing in various parts of the country during the elections whereas the body also failed to ascertain, transmit, tabulate and declare the actual results of the presidential elections with transparency.

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.

Orders

Kyagulanyi now wants court to declare the January 14, 2021 elections were not held in accordance with provisions of the electoral laws and the principles governing elections.

“The petitioner prays that the first respondent (Yoweri Kaguta Tibuhaburwa  Museveni ) was not validly elected as the President of the Republic of Uganda. The election should be annulled and set aside and a fresh election be conducted in accordance with the law,”Kyagulanyi says.

In the petition, Yoweri Museveni Tibuhabulwa Kaguta, ELectoral Commission and the Attorney General have been listed as respondents.