The National Resistance Movement(NRM) has warned Robert Kyagulanyi Ssentamu aka Bobi Wine against withdrawing the election petition challenging the victory of President Museveni.
The head of the NRM legal team Oscar Kihika, warned Kyagulanyi, saying he can only withdraw the petition with the permission of the court but should be ready for the resultant costs.
The warning comes few days after Kyagulanyi,threatened to withdraw an election petition against Museveni, citing “bias” and “frustration” from the Supreme Court.
Last week, the Supreme Court rejected Kyagulanyi’s additional evidence in over 120 affidavits sworn by senior members of his National Unity Platform (NUP) party and close friends in support of the petition.
The Court said these were filed a day late and the court had given a deadline of February 14 for the filing of evidence.
Kyagulanyi,said that if such frustrations from the Court persist, they will be forced to withdraw the petition.
Speaking to the media at the weekend,Kihika warned Kyagulanyi that it won’t be easy to withdraw election petition of such magnitude.
If Kyagulanyi chooses to withdraw the case,Kihika said, the court must be convinced to accept his request.
“You need the permission of the court to withdraw your petition in order to do so you have to file an application which is supposed to be supported by an affidavit and this application has got to be served to lawyers of the respondent,”he said.
“You need to convince court with good reasons why you are withdrawing the petition because it can refuse to give this permission. Once the court has given him permission,the law is very clear that the court shall charge the party for withdrawing the petition with costs,”he added.
Kihika also questioned Kyagulanyi’s behaviours as his petition awaits hearing noting that he is conducting himself in the manner that undermines the court.
Kyagulanyi, had asked three justices of the Supreme Court to disqualify themselves from hearing his election petition against Museveni, citing conflict of interest.
He named Chief Justice Alfonse Owiny-Dollo, Justice Mike Chibita and Justice Ezekiel Kurabiraho Muhanguzi.
Kyagulanyi said justice will not be served if the three judges are involved in hearing his petition.
The petition will be heard by nine justices.