Maverick lawyer, Male Mabirizi has written to the Judicial Service Commission over the manner in which Chief Justice Alfonse Owiny Dollo handled the petition by National Unity Platform leader, Robert Kyagulanyi, alias Bobi Wine challenging President Museveni’s victory.
The Supreme Court last week allowed Kyagulanyi to withdraw the petition challenging Museveni’s victory in the January 14 polls.
Earlier, Mabirizi had requested the Chief Justice, Alfonse Owiny Dollo , the head of the panel of nine justices to recuse himself from the case over conflict of interest having been President Museveni’s defence lawyer in the 2006 presidential petition.
However, the Chief Justice declined the request to recuse himself from hearing the petition.
In the latest petition, the lawyer says that the head of the judiciary conducted himself in an unlawful manner during the petition.
“Despite being a former advocate of the first respondent (Museveni) in the petition, Owiny Doll CJ went ahead to preside over the proceedings in the case on 9th and 11 February. Even when I wrote to him on the 12th for his recusal, he again presided over another application before determining the recusal application. On February 23, 2021, he dismissed the recusal application without any reason,”Mabirizi says in his petition.
The maverick lawyer avers in his petition to the Judicial Service Commission that whereas he filed an application seeking to stay all proceedings in the election petition by Kyagulanyi, the Chief Justice never shared the same with his fellow justices on the panel.
“He refused to fix it, yet later on the same day, he fixed that for withdrawal of the petition which was heard and granted on March,5, 2021 in pendency of my stay application,” Mabirizi says.
“Owiny Dollo is a time bomb to Uganda because he has turned Supreme Court into a judicial deals house where justice is perverted through fraudulent and illogical actions and decisions thereby defeating Uganda People’s interests and aspirations.
The petition to the Judicial Service Commission has also been copied to Dollo himself.
Established under Article 146 of the Constitution of the Republic of Uganda, 1995,the Judicial Service Commission is a body mandated to recruit judicial officers and regulate their conduct.
The Commission is composed of with members with powers to facilitate improving the efficiency and effectiveness of Justice administration in Uganda and commissioners are drawn from persons of integrity and unquestionable character.
Currently, Justice Benjamin Kabiito is the chairperson of the Judicial Service Commission and deputized by Supreme Court Judge, Justice Faith Mwondha whereas Justice Stella Arach-Amoko, William Byaruhanga (Attorney General), Ruth Sebatindira, Norah Matovu Winyi and Johnson Bitarabeho are commissioners.