Lawyers representing president Museveni in the Supreme Court petition challenging his re-lection told court yesterday that Amama Mbabazi petition is based on hope and should be dismissed.
Summing up the first respondent’s submission, Counsel Elbert Byenkya said; “On behalf of the first respondent, we pray that this petition, completely without merit, unsupported by any evidence, conducted by a way of a fishing expedition, premised purely on hope, be dismissed.”
He noted that the petitioner’s case failed when he could not prove that election results were affected in a substantial manner.
“Under law, you cannot hold another election until you prove to court that the previous election was held in a substantial manner,” Byenkya stated.
“Since they have admitted that their case is not good enough, I pray that court dismisses it. When proving a case such as this, it must be beyond reasonable doubt. Clear unequivocal proof should be provided.”
Counsel Didas Nkurunziza, another lawyer representing Museveni asked court also to dismiss the petition due to lack of evidence.
“The standard of proof is well established, it is beyond reasonable doubt,” Nkurunziza said.
“Other than the allegation in the affidavit of the petitioner, the petitioner did not produce any evidence to support the allegation.”
Byenkya asked court to respect the decision of 10m people who turned up to elect a president of their choice.
“The people spoke and we pray that you (court) uphold the people’s decision.”
“Mistakes could happen at polling stations,” Byenkya admitted “but not every mistake should be taken as that capable of affecting the result.”
He submitted that Irregularities in regard to opening hours of the polling station are not reason enough that should be based on to annul the election.