The Supreme Court Justices have fixed February 23rd to hear an application filed by City lawyer Hassan Male Mabirizi seeking an order compelling the Chief Justice Alfonse Owiny-Dollo to excuse himself from hearing an application filed by NUP’s president Robert Kyagulanyi challenging Yoweri Kaguta Museveni’s victory.
In his application formally filed yesterday, the lawyer says justice Alfonse Owiny- Dollo was previously hired as a personal lawyer representing Museveni in the 2006 presidential election petition filed against him by his rival Retired Colonel Dr Kiiza Besigye.
According to Mabirizi, Owiny-Dollo should recuse himself from all the court proceedings involving Museveni because he is impartial.
In his evidence before court, the petitioner states that on February 5th while presiding over the new law year, Owiny-Dollo requested for an appointment to meet Museveni so that he can present the Judiciary Budget which Museveni agreed to.
He adds that on February 7th, Owiny-Dollo in company of Deputy Chief Justice and other judicial leaders met Museveni on 9th and 11th February and he presided over the application by Kyagulanyi together with eight other Justices which they dismissed.
Therefore, according to Mabirizi, given the said prior arrangements with Museveni, he is sufficiently impartial to preside over Kyagulanyi’s petition.
He says the actions of Owiny-Dollo to preside over the said petition is contrary to the Constitution and basic principles of fair hearing.
He now wants the Supreme Court to also set aside the decision of dismissing Kyagulanyi’s application seeking to amend his petition because the Chief justice who signed on the decision was not qualified to preside over the matter.