Lawyers representing the former Prime Minister John Patrick Amama Mbabazi yesterday asked court to ignore president Museveni’s percentage and nullify the election results.
Museveni was declared winner of February 18th presidential elections with more than 60 percent.
Muhammad Mbabazi, the lead counsel of lawyers representing Amama Mbabazi argued the at judges should “look at the whole context and you come to a finding that there were no results, and if there were no results, then you cannot apply the substantial test when there are no numbers. So the numbers are based on valid input. This is what I was arguing in the morning that there were no results.”
He asked court to grant the petitioner (Amama Mbabazi) the relief sought
“Relief one is an order for a recount and we also seek for an order that Museveni was not validly elected as president and that his victory be annulled,” Mbabazi submitted.
Jude Byamukama, another lawyer representing Mbabazi asked court to move away from the approach of the previous presidential election petitions when determining the substantiality test.
“I would like to refer to the dissenting judgment of Justice Wilson Tsekooko of 2006, in particular at page 218. Commenting about Section 59, the learned Justice suggests that the provision appears to me to give the candidate to cheat or flout the law but do it in such a way that the cheating or flouting ought not to be so much,” Jude submitted.
He further stated; “The cheating ought to be such that it can be tolerated by the courts. Then another portion if a presidential election is won through fraud, cheating or through flouting of the law and the Constitution, the dissatisfied candidates and their followers may create instability among the population.”
The court resumes today with submissions of the respondents- president Museveni, Electoral Commission and the Attorney General