This is what seemingly the Chief Justice wanted to revive in the Orbita Dictum of the Judgement that was delivered yesterday. When you listen very carefully to his Orbita Dictum one would fairly conclude that the Chief Justice of the Supreme Court of Uganda looked like a careful man trying to recapture a conscience cheaply lost.
It is at such point in life that you realise how painful it is when you betray people that have great hopes in you not out of your own volition but compelled by the un-avoidable circumstances at hand. It is like how a parent feels, when his or her son or daughter completes medical school, only to turn out into a complete drug addict.
It was on Thursday Mid-morning that another historical land mark was made in the Legal Jurisprudence of Uganda. It has again gone into our history that sometime in February 2016 a presidential race resulted into an Election Petition. Equally there are several aspects that have been introduced into our Ugandan Legal jurisprudence by this ruling. I will leave that topic to the legal academicians.
Whereas the court ruling did not shock any serious Ugandan save for those naïve, there are aspects that indeed seemed to have been valid and all being validated by either fate or the Petitioner himself. Applying the Law as it is, is what the Hon. Justices of the Supreme Court did in the ruling.
As fate would have it, the Petitioner had a very good case. However, he failed to prove his case and scored below the standards of delivering Judgement in his favour. Largely this can be attributed to the funny incidence where the evidence in the case was stolen from the Petitioners’ lawyer’s chambers before they were tendered in court as evidence. A matter that is still under investigations.
Unfortunately, it seems all Ugandans witnessed the irregularities and for that matter they thought the Learned Justices of the Supreme Court would rule in favour of the public sentiments. Unfortunately these Learned Justices were not at the scene and neither did the petitioner grant them a chance to feel what had happened at the scene due to what befell him. It is indeed a pitiful situation that the learned justices of the Supreme Court regret.
Whereas the Supreme Court’s ruling may seem too unpopular before the common man that is what the law dictated as per our learned justices of the Supreme Court. In applying the law to the facts before them, the learned Justices found as they did. It means that all that you saw via social media or listened to on radio were not all considered.
Whereas the Chairman Electoral Commission during the declaration period could not substantiate the performance of each candidate per district, it was found out that he relied on the votes you casted from your humble villages at your polling stations. We indeed trusted him with our votes thinking he would declare the same the way we casted them. No one knows what happened, save for himself.
Therefore, this overwhelming evidence that you saw, votes exceeding the number of registered voters, the arrests, the threats that there were, heavy deployments, intimidations name it, were not brought to courts attention and in any case if it was then it was not much convincing to overturn the Election results.
What exactly was the matter with this Orbita Dictum, the Learned Justices of the Supreme Court expressed concern after consulting the Citizens Compact. They saw a lot of sense in this Compact in that had it been put into real consideration, perhaps Ugandans would have been saved this embarrassing moment.
It showed that this whole Petition came into play out of the States’ impunity and cheap arrogance. Had the powers that be, respected the voice of the people by implementing what was in the Citizens compact, we would possibly be busy doing something different.
This was a sign of regret by the Learned Justices of the Supreme Court. They were wondering how a sane country ran by purportedly sane minds, would have skipped the Knowledgeable ideas embedded in the Citizens Compact. Those ideas if were and carefully embedded in our current electoral laws, this country would possibly have had a different and better experience than the current one.
I would like to salute Candidate Mbabazi who stood to be counted and dragged Mr. Museveni to the courts of Law alleging vote robbery. amidst all the challenging times. Besides all that this case brought out, In a way you have legitimised Museveni’s’ theft of Ugandans Victory.
I thank the American Embassy for the statement that they issued out immediately after delivery of the Supreme Courts’ Ruling. It was clear that you do not believe until the full judgement is delivered. For the Ugandans, I can’t tell what they feel at the moment. For those who were born as soon as this man emerged from the Jungles of Luwero, you can now be sure that you will be thirty five years (35Yrs) old by the next election. Qualifying to contest for the same office.
Welcome aboard Flight 256. I rest my case.
Lawyer and Political Analyst.