On March 31, the month-long hearing of the petition challenging the announcement of Gen Yoweri Museveni as winner of the 18 February Presidential election came to an end. The Supreme Court ruled that Gen Yoweri Museveni was validly re-elected. The Justices opined that the evidence adduced in court by the petitioner was not sufficient to prove otherwise.
That outcome of the petition should not surprise anyone. We know that Gen. Museveni unleashed the entire state machinery to compromise the election in his favor. The security machinery under the command of Gen. Kayihura worked round the clock to make it impossible for the petitioner to bring enough evidence to the court. Dr Kizza Besigye, the other challenger, was incarcerated in his own home.
What is surprising is that the Justices did not take into consideration the political regime and harsh circumstances under which those challenging the fraudulent election were, a fact acknowledged by both internal and external Election Observer Missions. We all know that witnesses were intimidated and some detained; and, that lawyers’ chambers were raided and documentary evidence stolen. To my knowledge, the raiding of lawyers’ chambers has no precedence in our dark 50 years of independence.
That the Supreme Court justices made no mention of this incident and the incarceration of Dr. Besigye as a direct affront to our democracy is evidence of how the temple of justice is itself under siege. The Supreme Court could certainly have applied itself much more emphatically towards resolving the current impasse. The convenient refuge of “substantiality”, as with 2006, raised its head yet again.
The highest court in the land has not lived up to its call of upholding justice and the rule of law and therefore has failed to answer the cries of Ugandans. The manner and verdict of the Supreme Court highlights the depth of the crisis of our country: One man rule!
But it is not all lost! Truth and justice will triumph over deceit and injustice; hope over apathy and despair; and, light will expel darkness and gloom. Our hope, as a people, is in the God of truth, justice and love. In prayer we must turn to the Supreme Court of the Universe: God, the Creator; that God may overthrow the forces of deceit, injustice, darkness, repression and oppression; that, God may forgive and free the oppressors, bringing reconciliation and healing of Uganda; and, that God may give us courage to persevere till justice is victorious and Uganda becomes the land of equal opportunity and shared prosperity.
The Judiciary as an institution, like Parliament, has proved unable to stand against the misuse and abuse of power by Gen. Museveni. We, as a people, must therefore stand, seek and work for truth, justice and love; where power is with the people. We ought to muster every ounce of courage and conviction to pursue the quest for a just, equitable and democratic society. The bullet and the ballot have not worked; the courts too need to be freed. We must not relent in calling for and working towards a genuine National Dialogue.
Bishop Dr David Zac Niringiye
Formerly, Assistant Bishop of Kampala Diocese, Church of Uganda
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About the Petition
Former prime minister and secretary-general of the ruling national party Mr Amama Mbabazi contested the outcome of the February 18th presidential polls which announced incumbent president Y.K Museveni as victor.
Mr Mbabazi submitted a petition over the results to the supreme court on grounds of non-compliance with electoral laws thus urging nullification of President Museveni’s re-election.
The Supreme Court however, on Thursday dismissed the petition saying that it did not award costs.
“Having made due inquiry into the petition, we find the first respondent (Museveni) validly elected according to electoral laws, we dismiss the petition with no orders [as] to costs,” said Chief Justice Bart Katureeba as he read the Supreme Court ruling. A coram of nine justices heard and decided on the petition over 30 days.
