MBABAZI VERSUS MUSEVENI 2016 PRESIDENTIAL
PETITION :
SUPREME COURT MUST EXPOUND ON THE
SUBSTANTIALITY TEST PRINCIPLE
Counsel for the petitioner Byamukama
and first respondent Kiwanuka kiryowa made us proud at the bar in their closing
arguments in the Mbabazi vs Museveni & Ors presidential petition.
Their clarity of thought and being
alive to the facts and law was quite exemplary .I mean ,as lawyers we don’t
know the law but we know where to find it -those two , plus our seniour head of
the bar, Mwesigwa Rukutana ,about whether AG should be joined in election
petitions as a party and Oryem who still argued the substantiality element on
behalf of the 1st respondent -stood out in the 2016 election petition.
In my view, there is still a grey
area about the issue of substantiality and I’m confident their lordship will
definitely deal with it and pronounce themselves in order to grow our
jurisprudence. We await their verdict on March 31,2016. Otherwise , for the
rest of the issues framed ,I concur with my learned brothers submissions for
the respondents .
And in judicial processes ,lets stay
clear of partisan political interests . That’s why i stated at the onset of
this judicial matter - that we should all submit to their lordship’s wise
counsel.
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