A one-sided court system: Lukwago & 13 others Election Petition dismissed yesterday
What Lord Mayor Erias Lukwago and 13 others shown the world is that there is one-sided court system or judicial system in the Republic. For the ones that didn’t know that, should know that by now. Because, the state can easily go after Lukwago years after the supposed crime.
Like for instance, Besigye and Lukwago had to answer for “crimes” committed during the Walk to Work demonstrations of 2012 on the 18th July 2016 at the Kabale Chief Magistrates Court. That was fine, but when his filling in an petition in consideration of the voter registration and election road map for 2021. His too late to do so. That is a double standard.
We can see quickly by two statements by the judge, that the 14 respondents had no chance in hell to let this pass the devil. There was no plan to do so. The judge even called the Lord Mayor an activist, as everyone is supposed to be equal by the law. Not treated differently because of role or your participation in society.
Here is the two quotes that says it all.
“This court also realizes that the nature of the complaint seems to be made by a group of political activists, rather than the actual persons directly aggrieved by the timelines set by the Electoral Commission. This form of public interest litigation challenging non-inclusion of names in the Electoral register should be discouraged and is not maintainable. But a political party should be the best complainant in such matters rather than political activists” (High Court Judgement 21.02.2020).
“If the applicants wanted to invoke the jurisdiction of this court they should have come at the earliest reasonably possible opportunity or sought leave of the court to file their application out of time but not to file the same as of right after such a long time of almost 3 years. The court could have exercised its discretion to extend the time depending on the facts to determine whether to extend the time to file for judicial review depending on the reasons on how the delay arose” (High Court Judgement, 21.02.2020).
We can see the judge determination to undermine the statutes with just this argument from him. Judge Musa Ssekaana had decided it. It doesn’t matter if Lukwago or anyone had merit for their arguments, when these sort of arguments runs the town.
Wonder if Musa could explain to me with statutes why Lukwago could be called for Walk to Work charges in 2016, when they were done in 2012? Why shouldn’t he and 13 others do this? They had nothing to loose to this.
Now that the case is dismissed, the ‘MISCELLANEOUS CAUSE NO. 431 OF 2019’ is now done. The chicken is fried and served. The dismissal sealed it. However, it proves on vital point. That the state is allowed to follow old cases on the opposition, but the opposition isn’t allowed to question old appointments nor cases. That is the double standard within the law.
Congs Musa. You showed the world that, maybe without even knowing. Peace.