Treat Mbabazi poll petition seriously

I congratulate the Go Forward team on behalf of all Ugandans, for taking leadership in exercising constitutionalism and democracy to challenge the outcome of the just concluded presidential election in which President Museveni was declared winner.

The election left most people in a state of consternation. To the majority, it was broad daylight robbery not withstanding malpractices that marred the elections contrary to the law and international standards and practice. Every aspect of the process prior to, during and after the election constitutes glaring evidence of something wrong with the way the election was conducted.
The country witnessed broad daylight voter bribery and wanton police brutality with the aim of intimidating voters; clearly partisan utterances by the Inspector General of Police and Electoral Commission’s Badru Kiggundu; selective application of the law; delay in delivery of voting materials and the multiple arrest and incarceration of Dr Kizza Besigye and people deemed to be staunch supporters of the Opposition.

As the Go Forward team successfully petitions the Supreme Court challenging the legality of the EC’s declaration of Mr Museveni as the winner of the 2016 presidential election, the Judiciary is once again on trial as to its independence and ability to dispense justice to Ugandans and ensure that the legal order is preserved.
One uphill task for the Judiciary is how to ensure security of potential court witnesses prior, during and after the court proceedings in view of the fact that the Witness Protection Bill is not yet passed into law.

We hope the court will have the capacity and will to protect the petitioners and other citizens with useful evidence from arrest, intimidations and harassment to safeguard the outcome and quality of the petition. I hope the Judiciary will rightly exercise its powers and be the protector of the voiceless as the country goes through a trying moment.
I expect the court to treat this case with the seriousness and fairness it deserves as it has a lot of bearing on the democracy, constitutionalism and rule of law in this country as well as contribute to unprecedented development of our jurisprudence.

Whether this petition is won or lost, the Supreme Court should clearly pronounce itself on the role of police in electoral process and I hope the police chief and those he commands will be held accountable for their actions, particularly the use of excessive force against unarmed civilians seeking to exercise their human and constitutional rights, have them held both institutionally and individually liable for their actions under the principles of individual criminal responsibility and vicarious liability.
Charles Mulozi Olwey,
Human rights defender