Chief Justice Owiny Dollo has declined to accept an application by City lawyer Mabirizi asking him to excuse himself from the controversial Election petition filed by National Unity Platform former presidential candidate Robert Kyagulanyi aka Bobi wine.
While submitting his application, Mabirizi argued that Owiny-Dollo was a former lawyer to president Yoweri Museveni and has held discussions prior to the election petition pre-hearing that happened on the 9th of February 2021.
Mabirizi says the CJ visited the president who is the 1st respondent in this case on the 7th of Feb 2021 which is not only illegal but also unacceptable and against the fairness principle as justice must be seen to be done.
Mabirizi also says the circumstances under which the CJ was appointed by the president are questionable, he adds that it could be because he once served as his lawyer in 2006.
In his response, the CJ says he will not leave the case and will issue a notice with elaborate reasons to that effect.
“I have listened carefully to the submissions by the applicant, well-argued; for the reasons I will give in my detailed ruling to be delivered on notice, I decline to recuse, I find no merit in the application,” Dollo said.
CJ Owiny Dollo also says he went through all the required channels under the law to be appointed president and was not necessarily put there because of his work , representing the president in 20o6.
CJ Owiny-Dollo is the lead judge on the panel of nine justices set to hear Kyagulanyi’s petition.
The petitioner, Bobi Wine has however instructed his lawyers to withdraw the election petition from the supreme court saying both the justices and the court are biased.
The legal team to the petitioner has set Tuesday at 2 pm as the time to file their application seeking the withdraw of their petition from the supreme court.