Justices Rule Out Costs
It is a sigh of relief for the former Presidential Candidate Robert Kyagulanyi aka Bobi wine after the Supreme Court ruled that he pays nothing to the respondents.
This means that Bobi’s wine will not be digging into his pocket to pay costs to the respondents in the Presidential Election Petition including the President-Elect and Incumbent Yoweri Museveni, Electoral Commission, and Attorney General.
In a detailed ruling read to the court by Justice Ezekiel Muhanguzi the Justices said they decided to employ different principles on costs ,considering petition was withdrawn early .
The justices said the use of the word “shall” in provisions of Section 61 of the Presidential Elections Act 2005 which talks about paying costs upon the withdraw of the Petition is a directive and not mandatory.
“The petitioner would be ordered to pay costs of the petition to the respondents based on the general rule that costs follow the event”, said Muhanguzi.
Justices Rule Out Costs
He therefore asked each party to pay their costs because giving access to justice takes priority over leading applicants to pay costs.
The justices said much as the petition was not heard and concluded, it touches on democracy and validity of the election of the highest office in the land.
Previously, Bobi wine’s lawyers led by Medard Ssegona had pleaded with the court to allow each party to handle their costs.
He argued that despite it being lawful,it would discourage future presidential petitions.
As for filling additional affidavits ,the justices ruled it was not proper for the petitioner to be allowed ,considering the time factor.
They argued that due to the strict timelines within which a Presidential Election Petition is supposed to be handled namely 45 days from the date of filing, there is no other space to accommodate such amendments as it is limited.
The justices approved the Electoral Commission’s declaration that Museveni was the winner in the January 14 elections.
They said since the petition was withdrawn and that there is no one else who challenged Museveni’s victory within the prescribed time frame which has expired today, it is automatic that Museveni is the winner of the previous polls.
Bobi wine petitioned the Supreme Court challenging the decision of the Electoral Commission Chairperson Justice Simon Byabakama to announce Museveni as the winner of the January 14 elections.
He however withdrew the case later citing unfairness and bias.
Checkout the link below for more stories;https://www.facebook.com/GalaxyFm1002/videos/187272332924092
