A justice of the Supreme Court Esther Kisaakye has accused Chief Justice Alfonse Owiny Dollo of confiscating her minority ruling on Presidential candidate Robert Kyagulanyi’s quest to withdraw his Presidential Petition.
Kyagulanyi, runners up in the just concluded Presidential elections petitioned court seeking to annul President Museveni’s victory citing electoral mal practice and violence from the security forces, Electoral Commission and President Yoweri Museveni.
He however applied to court seeking to withdraw the petition from the same Supreme Court. He argued that since he had been denied chance to include affidavits on his petition, he would was bound to lose, citing bias on the side of the Supreme Court judges.
Court granted Kyagulanyi to authority to withdraw his case. While making a ruling today, the Justices of the supreme court said well as Kyagulanyi had withdrawn the case, he wouldn’t be asked to pay legal, among other costs to the respondents as the law stipulates.
However, Justice Esther Kisaakye, a member of the nine Justices who presided over the case after the delivery of the court ruling said she had a minority ruling on the matter.
She however lamented that the Chief Justice Owiny Dollo had confiscated her ruling and wasn’t able to read it before the panel and the petitioners.
‘When I was appointed a judge of this court in 2009, I took a judicial oarth and swore to protect the constitution of Uganda. CJ’s order to read my ruling at a later date is unconstitutional and that’s why I disobeyed it,’ she said.
The allegations have raised concerns on the independence of the Judiciary if some of the Justices of the highest court cannot operate independently.
Kisaakye has however not divulged contents of her minority report which the chief justice confiscated. Neither the Chief Justice or the Judiciary spokesperson has accepted or denied the rumor.
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