The National Unity Platform (NUP) president Robert Kyagulanyi Ssentamu alias Bobi Wine has on Monday instructed his lawyers to withdraw the election petition seeking to overturn President Yoweri Museveni’s victory.
Kyagulanyi cited bias in the Supreme Court judges saying that he will now take his case to the public court for Ugandans.
On hearing the breaking news, NRM posted on their twitter handle excited and jubilating because their president is now unchallenged.
However, one of the professional lawyers Andrew Nsubuga speaking to NBS television said that the party is wrong to assume that President Museveni is now unchallenged since withdrawal can only be done in court, according to section 61 of the Presidential Elections Act, 2005, subsection (1).
“It is not yet over. Withdrawing an election petition is a preserve of court according to the Section 61 of the Presidential Election Act, 2005, subsection (1) which says that an election shall not be withdrawn except with the leave of the court and after such notice has been given as the court may direct.”
Nsubuga also said that Section 61 of the same act under subsection (2) empowers any candidate in the Presidential elections of 2021 to inherit Kyagulanyi’s petition if they apply to the court to be substituted as a petitioner.
“If Kyagulanyi wants to withdraw, first of all he has to seek leave of court. This means that he has apply formerly like all the previous applications,” Nsubuga said.