The National Unity Platform (NUP) president Robert Kyagulanyi Ssentamu alias Bobi Wine has on Monday instructed his lawyers to withdraw the election petition seeking to overturn President Yoweri Museveni’s victory.
Kyagulanyi cited bias in the Supreme Court judges saying that he will now take his case to the public court for Ugandans to decide.
Kyagulanyi’s intention to withdraw the petition sent the National Resistance Movement (NRM) party in an early celebratory mood.
If the NRM party’s Twitter handle is anything to go by, the party sent out a tweet, saying that their chairman and incumbent, President Museveni is now unchallenged.
— NRM Party (@NRMOnline) February 22, 2021
Here is why NRM should not celebrate yet
According to lawyer Andrew Nsubuga, the party is wrong to assume that President Museveni is now unchallenged since withdrawal can only be done in court, according to the section 61 of the Presidential Elections Act, 2005, subsection (1).
Nsubuga told Nile Post that, “It is not yet over. Withdrawing an election petition is a preserve of court according to the Section 61 of the Presidential Election Act, 2005, subsection (1) which says that an election shall not be withdrawn except with the leave of the court and after such notice has been given as the court may direct.”
Nsubuga also said that Section 61 of the same act under subsection (2) empowers any candidate in the Presidential elections of 2021 to inherit Kyagulanyi’s petition if they apply to the court to be substituted as a petitioner.
“If Kyagulanyi wants to withdraw, first of all he has to seek leave of court. This means that he has apply formerly like all the previous applications,” Nsubuga said.