Supreme Court Whitewashes Uganda’s Most Flawed Election

by Valerian Kkonde

PEARL NEWS SERVICE

Former presidential candidate Amama Mbabazi. His petition challenging the election of Museveni has been thrown out. What next?

The Supreme Court has pronounced itself on the February 18, 2016 Presidential Election and upheld that Yoweri Museveni was elected and declared winner according to the laws.

The judgment that was no surprise to many Ugandans, in effect set new parameters for rigging of elections with impunity. For while the Court agrees with the Petitioner that elections were marred with interference by Police, Presidential representatives in the districts and District Intelligence Officials, there was no evidence of involvement of Yoweri Museveni.

The Supreme Court has given the incumbent the leeway to rig using state apparatus and party structures, as long as the incumbent does not physically get involved. In Uganda and Africa at large, albeit for any incumbent vying for election, the state apparatus and party structures are used to the advantage of the candidate. The logical thing to consider is that these structures which garner support for the candidate, whatever they do is for the good of the candidate and therefore cannot be judged to act in isolation. The candidate is equally guilty more so, when he did not categorically disassociate with these structures.

“This judgment must have been written by Museveni and given to the Judges to sign and read out,” a business man along William Street sarcastically told PNS.

Commenting on the Court’s ruling, Dr. Kizza Besigye, the man said to have actually won this election and is since being held under house arrest, said that the out come was obvious.

“Given the gymnastics that go on before the appointment of judges, Court cannot be independent.

“It is me who was best suited to challenge the Election in Court because I was closest to the person declared winner. The Courts are interested in the substantial effect of the fraud on the results. In fact I would even have gone ahead to prove that I had won the election.”

On March 30^th, the High Court dismissed a case in which relatives of Christopher Aine wanted Court to order Police to produce him. The relatives told Court that Aine, who was the head of Amama Mbabazi’s security during the Presidential Elections, was abducted from his home by Police using a Police vehicle.

Although Court absolves the Electoral Commission and its chairman of any wrong doing, Ugandans equate Badru Kiggundu to the brutal al Shabab extremists who murder, mutilate and cause destruction in the name of Allah and at will. It is the incompetence, bias, secretiveness and  non compliance with the law that Ugandans witnessed during and after the elections that they base on to judge the Commission. And that has been the practice since 2001.

For Ugandans, Museveni and Kiggundu are comrades in the vote rigging racket and no amount of the Supreme Court white-washing of the crime will stop them from demanding for their heads.

The Chief Justice notes, in the judgment, that key issues that are indispensable in the organizing of a free and fair election, as demanded by the same court in the 2001 and 2006 judgments, have never been put in place. These include disbanding and putting in place an independent EC and reforming the electoral laws among others.

One would think that if the judges are aware that the elections were conducted in an environment that is not free and fair, then they would have no basis for upholding the elections. But in their judgment they white wash the whole exercise.

International elections observers from the European Union and the Commonwealth maintain that there was nothing like an election in Uganda on the February 18, 2016. A number of Ugandan Civil Society organisations stated the same.

The biggest achievement of the judgment is that Court has legitimised the use of non legitimate means to bring about change in the country. If all peaceful and legitimate means have been blocked, then the remaining means at the disposal of advocates for change can be sought after.

The Supreme Court has not only postponed the much awaited witnessing of a peaceful regime change in Uganda but has also rendered the whole election process hopeless, meaningless and a sham. As for how many more bloody regime -changes the country can brace for, before sanity finally reigns, only time will tell.

Museveni, Judiciary Join hands to Persecute and Deny Besigye Justice

By Valerian Kkonde

PEARL NEWS SERVICE

Dr. Kizza Besigye being manhandled by Policemen on what has come to be a daily routine. Monitor Photo

The Judiciary’s decision to join government in perpetuating impunity and criminalizing competition against Yoweri Museveni, at a time when Ugandans and the world at large are waiting for the Supreme Court’s ruling on the February 18, 2016 rigged Presidential elections, severely dents the Judiciary’s already bloated independence credentials and paints it as incapable of helping Ugandans peacefully solve the political impasse in the country.

Retired Col. Dr. Kizza Besigye, the man thought to have won the Presidential election, has been under house arrest and government-instigated torture since February 18, 2016. He is not allowed to leave his home, and on the occasions he has tried to do so, he has been roughed up by Police and dumped into their van and driven to Naggalama Police station and other stations only to be returned to his home late in the night. Police has since sealed off his home and anyone intending to visit him has to be granted permission.

The battle for his rights was taken to Kasangati Magistrate’s Court where Grade One Magistrate Prossy Katushabe fought off all sorts of government attempts to arm-twist her. And because government could not win the battle using the brains, it took to savage means at the expense of the Judiciary and country.

A few hours before she could read her ruling, the file was grabbed from her and referred to the High Court, allowing president Museveni to continue destroying institutions and torturing political opponents with impunity.

The savage mutilation of justice, with the Judiciary’s approval, at a time when the political impasse arising from the February 18, 2016 rigged Presidential election is far from being solved, is a dangerous and regrettable statement.

This critical moment in the history of Uganda, when Ugandans and the world at large are waiting to hear from the Supreme Court its perception of the fundamentally flawed Presidential election and the direction the country should take, is the time when the Judiciary is least expected to condone impunity and most importantly, side with those trampling on the rights of Ugandans.

The late Prince Paul Job Kafeero had once sung that it is foolhardy to claim to be able to kill a black horn bill after failing to kill a finch. That is how the Kasangati Chief Magistrate’s Court puts the Supreme Court in the limelight. Interestingly, the issues before the two courts are about the February 18, 2016 rigged election. Time will tell whether this time round the Supreme Court is insulated from such manipulation and drama. But the writings clearly point to doom.

The Judiciary is not merely dragging its feet when it comes to protecting the rights of those competing against Museveni but is clearly dancing to the tune of the Executive. The Judiciary is unfortunately abandoning its responsibility to decide whether president Museveni and his cohorts like Kayihura are acting in accordance to the Constitution or are offending it.

Besigye has been under house arrest and undergoing all sorts of torture for over a month now.  Museveni and Kayihura are giving the impression that they are the law. Where is the Judiciary to restore the public’s trust in the institution? Public acceptance of and support for, court decision depends upon public confidence in the integrity and independence of the bench.  Judicial independence which is the very essence of judicial functions is a means toward the far more important goal of maintaining public trust in the legal system and in the judiciary.

The Judiciary has an important role to play in protecting the rights of Ugandans and stability in the country. The Judiciary should not deceive itself, and Ugandans as well, that it is actually fulfilling those responsibilities when it is evidently putting the president’s selfish and destructive interests at the fore front. It is society’s confidence in the impartiality of individual decisions that forms the core strength of the Judiciary as an institution.

All this drama has been taking place during the Lenten Season when Christians are called upon, and reminded, to emulate Christ who came to serve and not be served. On Good Friday, many religious leaders used the feast to call on government to respect the people they lead.

Special prayers were said for the nine Supreme Court judges who heard and are writing their judgments for the Presidential Election Petition number one of this year, in which former presidential candidate John Patrick Amama Mbabazi wants them to nullify Yoweri Museveni’s victory over the irregular manner in which he was elected and declared winner.

Bishop Paul Ssemogerere of Kasana-Luweero Catholic diocese pointed out that public acceptance of and support for, court decisions depends upon public confidence in the integrity and independence of the bench.

“In the Bible, Pontius Pilate admitted that Jesus had committed no crime but again went ahead and crucified him. The nine judges should establish the truth and make judgment according to that truth so that we are also satisfied with their judgment.”

Bishop Ssemogerere added that the decision of the Supreme Court is eagerly awaited for by Ugandans and that it will either stabilise or destabilise further the country.

The Judiciary has tried to justify the grabbing of the Grade One Magistrate’s judgment in the continued violation of Besigye’s rights by Museveni and Kayihura, giving disgraceful excuses of “rectifying anomalies in the judicial process.”

The public interpreted this to mean that the Judiciary was ganging up with president Museveni to torture and deny Besigye his dignity. The Judiciary should not have accepted to be used to disrupt its own process at the last minute. Where were those upright judges all along?

Whenever the Judiciary wants to serve its selfish interests, it acts as if it does not possess any knowledge of facts of life. It is high time that the Judiciary took to cleaning up its image before the public. The Judiciary knows best that without public respect, the functions of this highly regarded Institution are at stake.

There are already a number of indicators pointing to the absurd; the Judiciary has long ceased to be the guardian of the Constitution and transformed into the guardian of dictatorship, oppression and impunity.

Even during the hearing of the Presidential Election Petition, Amama Mbabazi’s lawyers stressed that the Supreme Court had completely failed to prove it was the guardian of the Constitution and people’s rights. The lawyers, over and over again pointed out that the Court was more concerned with the interests of the president than those of the country at large. As a result, elections in Uganda are losing meaning every other day.

There is no doubt that Besigye is being tortured for his political views and support. No amount of pretence by the Judiciary is going to change this. Instead, the Judiciary’s failure to act, end this impunity and condemn the perpetrators is leading to the destruction of the Institution that the troubled Uganda looks to for a bright and stable future. That is if the Judiciary agrees to rise up to the task before it.

It is unfortunate that the Judiciary has instead joined Museveni and Kayihura to decisively dehumanise Ugandans. It is upon Ugandans to immediately stop these primitive tendencies, and they have all the power, bring all these demagogues to book and start building a country that will be a fitting true representation of Ugandans, their history, views, political aspirations and a joy to pass on to their future generations.   

Amama Mbabazi Lawyers Challenging Museveni’s Victory Robbed from Offices

by Valerian Kkonde

PEARL NEWS SERVICE

FLASH BACK 2006: Lawyers gather at High Court premises- Kampala- to mourn the desecration of the temple of justice. Museveni's government only gives lip service to rule of law. World waits to see what happens this time round. PNS Photo

As pressure piles on President Yoweri Museveni’s team following the February 18, 2016 rigged elections, the offices of the lawyers representing Amama Mbabazi in the petition challenging the election have been broken into.

According to Muwema Fred, one of the lawyers representing Mbabazi, government is the first suspect in the crime. He added that “government that will be hit hard by the successful petition is the one that is panicking and trying to disorganize us.”

Muwema revealed that the break-in was restricted to the secretarial area where there are no cameras but that the most sensitive area is the lawyer’s office. He lamented that there were “some documents signed by two hundred people and that getting those signatures again will be a daunting task.”

Mohamed Mbabazi also had his office broken into during the same March 8^th night raid but that he cannot go to Police because “Police was the one giving the thugs protection to carryout the break in.”

Mbabazi also revealed that “when the thugs struck, the security alarm went off but that the security guards who rushed to the scene were arrested and beaten by Police and some are still hospitalized.”

The break- in comes at a time when the petition challenging Museveni’s election victory kicked off in the Supreme Court on March 7^th 2016. During the pre trial hearing, Mbabazi’s lawyers succeeded in convincing the nine panel judges to allow them amend the petition. The amendments included a vote recount in 45 districts in which Mbabazi maintains his votes were swapped with those for Museveni, ordering the Electoral Commission to share with candidates the copies of the declaration of results forms it based on to declare the winner among others.

Other information related to the election rigging indicates that a number of people, from the Opposition, continue to be abducted, arrested and tortured by the Police and other security agencies. Former poling agents have been attacked, forced to hand over the tallying papers and at other times force to sign new papers.

Presidential candidate for the Forum for Democratic Change (FDC), Dr. Kizza Besigye, is being kept under house arrest and has been arrested more than eight times since the declaration of the results on March 20.

The targeting of the offices belonging to the lawyers representing Amama Mbabazi in the presidential election petition has led to public speculation that more desperate acts are going to be witnessed. People have told PNS that soon lawyers will be abducted if not shot dead, and that even the judges considered independent might not be safe.

In his petition, Amama Mbabazi wants court to nullify the declaration of Yoweri Museveni as the winner of the presidential election because the exercise was characterised by intimidation of voters, outright vote rigging, pre- ticking of ballots in favour of Museveni, ballot stuffing and disenfranchising of voters among others.

The panel of judges is headed by the Chief Justice Bart Katureebe Magunda. Others on the panel are: Eldad Mwangusya, Jotham Tumwesigye, Augustine Nshimye, Opio Aweri, Lillian Tibatemwa, Esther Kisaakye, Stella Arach- Amoko and Faith Mwondha. According to the Constitution, Court is supposed to deliver its judgment no later than March 30, 2016.

Museveni’s Election Victory Challenged in the Supreme Court

by Valerian Kkonde

PEARL NEWS SERVICE

But will the Judiciary redeem itself or will it further sink with Museveni? How about Amama Mbabazi; will he emerge as an agent of change or as an agent preserving the status quo?

John Patrick Amama Mbabazi

In any case, on March 1, 2016 presidential candidate in the February 18, 2016 elections, John Patrick Amama Mbabazi, filed a petition in the Supreme Court challenging the victory of Yoweri Museveni.

Electoral Commission (EC) chairman, Engineer Badru Kiggundu, on March 20, 2016 announced Museveni winner with 60.8% of the votes cast. His main challenger Dr. Kizza Besigye got 35.65%. Besigye, who since then has been placed under house arrest, rejected the results claiming that they were a result of a fraudulent exercise. Mbabazi was given 1.39%.

International Elections Observers: the European Union and the Commonwealth reported that the elections were not free and fair. EC maintains that the results are correct but has failed and blatantly refused to provide the declaration sheets on which he based to announce the winner.

In his petition, Amama Mbabazi wants court to nullify Museveni’s victory on the grounds that the EC failed to comply with the law.

Although Mbabazi’s decision to go to court for redress has been applauded as  a sign of political maturity in settling the current impasse, it is important to understand the status of the courts supposed to administer justice to Ugandans.

For more than three years, the Uganda Human Rights Commission has   labeled the Judiciary as the second most corrupt institution in Uganda. On that note, justice is a preserve for the rich and the well connected in society.

Our caliber of judges consists of those who brag publicly about their being cadres of the ruling party, the National Resistance Movement. There are those who have reached the top with a poor performance record but some how managed to maneuver their way out. Others have been disappointed to the extent of deciding to quit because they refused to be arm -twisted and the perks that come with such. That is the Judiciary in Uganda.

Chief Justice Bart Katureebe Magunda

For three years, Uganda did not have a substantive Chief Justice (CJ) because the president did not approve of the choice made by the Judicial Service Commission (JSC). The current CJ, Bart Katureebe Magunda finally assumed office and is held in high esteem both within the judicial circles and the society at large.

A number of judges in the Supreme Court, names withheld, are referred to as cadre judges: they are purposely there to serve the interests of the powers that be. The Deputy Chief Justice (DCJ) Stephen Kavuma is one of the Judges said to have been smuggled into that position. He heads the Court of Appeal. Unfortunately, on many occasions he has acted as a robot, serving the interests of the Executive, but claiming to be administering justice. When the government militia referred to as Black Mambas raided the High Court premises to thwart the Court’s judgment favouring the Opposition, the Judiciary was unanimous in condemning this savage act. It was only Stephen Kavuma who came out to support the savage raid on the temple of Justice!    

The bitter truth is that Uganda’s dictator, Yoweri Museveni, has destroyed all the institutions and replaced them with himself. Museveni thought that he would be a smart dictator by getting the institutions do his dirty work and get away with it. Not at all! His mask has been so shuttered that he has won himself the title of Hitler of the 21^st Century.

John Patrick Amama Mbabazi is an insider in the NRM. As former Prime Minister and Secretary General of the party he is definitely aware of the state of the Judiciary. He is definitely aware of how the Judiciary has been reduced to a shadow of itself. He is actually suspected to have played a key role in the destruction of the only institution named after virtue.

Kizza Besigye, a presidential candidate in the just concluded elections has been there twice and came to the conclusion that it is comedy to go to the courts. He swore never to go there again.

Among the many accusations brought against Amama Mbabazi by the NRM camp is that of creating parallel institutions while he was PM and SG. He is further accused of making underground moves to replace his boss Museveni. No one can say with certain what parallel institutions Mbabazi put in place or what plans he had in place to replace Museveni.

Mbabazi’s decision to go to court under the prevailing circumstances raises a lot of questions than answers. Legally, as a presidential candidate, he is suited to petition the Supreme Court. But the circumstances seem not to favour him; at a glance it only offers Museveni and Badru Kiggundu the badly needed approval of the fraudulent election that has been rejected by all the International Election Observers as well as some few Ugandan organisations.

Irregularities in the elections included outright vote-rigging, pre ticked ballots in favour of Museveni, intimidation of the Opposition supporters, ballot stuffing and disenfranchising voters by delivering voting materials, in areas known to be pro Besigye, past midday. Voting was supposed to start at 7.00 am and close at 4.00 pm.

As the country braved itself for the campaigns in November 2015, there was an attempt by the Opposition to field one presidential candidate. The actual contest was between Besigye and Mbabazi. Nobert Mao of the Democratic Party and Olara Otunnu of Uganda Peoples Congress had stepped aside to let the bulls sort themselves out. Former Vice President Gilbert Bukenya also stayed in the race but was considered a non-starter; he later returned to Museveni’s camp.

To date many people suspect Mbabazi of being a Museveni agent. It is the outcome of the petition that will clear all that doubt; that is when one will be able to tell, with certain that indeed Mbabazi is working for the much desired change or is striving to safeguard the status quo.

Government interference with the Judiciary has reached alarming levels in Uganda. The situation has moved from bad to worse, and the Executive demanding for judgments in its favour is now the norm.  This has come about as a result of appointing mediocre judges who find it their duty to reciprocate the favours.

One can confidently bet that the result from the panel will be 3-6 in favour of the Emperor. While an individual judge may enjoy the essential conditions of judicial independence, if the court or tribunal over which he or she presides is not independent, the tribunal cannot be said to be independent.

The courts in Uganda have lost the trust and confidence of the public. Many court users regard them as places where robbery and injustice breed and multiply. Courts have been turned into dens of thugs. It sounds rude but it is the reality. 

Ugandans are not waiting to see the court cancel out Museveni’s victory but rather see how it sinks further down the drain along with Museveni. It is up to the Justices to redeem their reputation and that of the institution supposed to be the watchdog of rights and liberties of the people, or take on the title of robed criminals.