Maverick lawyer, Male Mabirizi has run to the East African Court of Justice to force the Chief Justice, Alfonse Owiny Dollo to recuse himself from the Robert Kyagulanyi petition challenging President Museveni’s victory in the 2021 elections.
Last week, without giving reasons, Dollo refused to recuse himself from Kyagulanyi’s petition as had been requested for by Mabirizi.
However, in an application filed on Monday to the East African Court of Justice, Mabirizi said that unless Dollo recuses himself from the case, all proceedings , decisions and rulings should be rendered null and void.
“Being a former advocate representing Yoweri Museveni Tibuhaburwa and meeting him several times in pendency to the petition, refusing to recuse himself from the petition is unlawful and an infringement on the fundamental and operational principles of the community which include good governance , adherence to the principles of democracy, rule of law and accountability,”Mabirizi says.
The lawyer avers that it is only right for the Chief Justice to recuse himself from the Kyagulanyi petition or else he would be violating the provisions of the treaty for the establishment of the East African Community.
In the case where the Attorney General of Uganda has been listed as a respondent, Mabirizi says Dollo’s refusal to recuse from the petition does not pass the test of being acceptable and demonstrably justifiable in a free and democratic society and is not allowed under Ugandan laws.
In his application, Mabirizi wants court to declare that the refusal by the Chief Justice, Alfonse Owiny Dollo to recuse himself from Robert Kyagulanyi ‘s 2021 election petition is illegal and wants the court to overturn it.
“The applicant prays that court issues an order annulling all proceedings, rulings and decisions made in and under the Supreme Court presidential election petition 2021 where Owiny-Dollo , the Chief Justice of Uganda participated,” the court documents read in part.
Lawyer Mabirizi also wants the regional court to issue a permanent injunction restraining Dollo from any further participation in any proceeding related to and arising out of Kyagulanyi’s 2021 election petition challenging Museveni’s victory.
Withdraw application date set
The development comes a few hours after government gazetted the notice of application in which Kyagulanyi is informing the public of his intention to withdraw the 2021 poll petition.
“Notice is hereby given that application has been made to the Supreme Court of Uganda for leave to withdraw the petition presented by Kyagulanyi Ssentamu Robert touching the election to the office of the President of Yoweri Museveni Tibuhaburwa Kaguta,” the notice in the gazette dated March,1, 2021 reads in part.
The judiciary noted that the application for withdrawal of the 2021 election petition by Kyagulanyi would be heard by the Supreme Court on Thursday at 9:30am.