Election Petition

Uganda Elections: Bobi Wine Withdraws Election Petition Against Museveni

Uganda’s youthful musician turned opposition politician, Robert Kyagulanyi has ended his long shot suit aiming to overturn President Yoweri  Museveni’s disputed victory in the January 14 election, clearing the way for the long-serving leader to extend his 35-year rule.

Kyagulanyi, known by his stage name Bobi Wine blamed judges on the 9-man panel of bias and said he would now refer the matter to the court of “public opinion” setting the stage for a possible repeat of raucous street protests.

“We have decided to withdraw our petition from court because it’s clear that the courts are not independent, these people are working for Mr. Museveni,” he told a cheering crowd of supporters in the yard of his party offices, in the slums of Kamwokya.

Wine in his application to withdraw the petition listed several reasons including court rejecting amendment to his petition, arrest of his key witnesses, and alleged bias in the court towards Museveni, who has ruled Uganda since 1986.

The decision marked a tantalizing end for the suit, which was poised to be a stern test for judicial independence in this east African nation. Across Africa, fewer courts have overturned elections although Kenya’s Supreme Court came up with a stunning ruling four years ago, reversing the 2017 election win of President Uhuru Kenyatta.  

Oscar Kihika, one of Museveni’s lawyers said that Wine would have to pay all the expenses his client had spent on the petition.

Last month, Wine through his lawyers, filed the petition seeking to nullify the election that saw Museveni win a sixth term with 58 percent of the votes and Wine just 35%.

Museveni, the electoral commission, and the Attorney-General filed their 185 affidavits in response to the 53 grounds that the National Unity Platform legal team had raised to prove that the election was rigged, and wasn’t free and fair. 

Wine continues to call upon Ugandans to reject the results of the controversial election in which dozens of opposition party members and supporters were killed and arrested. The elections were further plagued with voter intimidation and heavy military deployment in several districts that were opposition strongholds. Wine was put under de facto house arrest for 12 days after the election and later released on court order. 

Election monitoring was further complicated by the denial of accreditation to European Union observers and members of the United States observer mission.

Internet access was blocked across the country on the eve of elections and restored on Jan. 18 however access to social media sites like Facebook remains restricted and can only be accessed using Virtual Private Networks.

“A democratic playing field for free and fair elections was worryingly absent during elections,” said Oryem Nyeko, Africa researcher at Human Rights Watch. “The Ugandan government should take concrete steps to improve respect for human rights for all and remove all remaining restrictions.”

But Museveni continues to laud the elections as the most “free and fair” poll Uganda has ever had. “This was one of the most cheating free elections since 1962,” he said in January just after election results were certified by the National Electoral Commission. “I thank the 57% of Uganda’s 18 million registered voters that participated in the election.”

Ghana’s Supreme Court Upholds Akufo-Addo’s Election Victory

Ghana’s Supreme Court has upheld President Akufo-Addo’s victory in the December 2020 presidential election after dismissing an election petition filed by the opposition leader John Mahama.

Mr. Mahama, a former President, had filed the petition asking the court to annul the results of the elections and order a rerun because of alleged irregularities.

He argued that neither he nor President Akufo-Addo attained a clear majority because of the omission of one constituency from the provisional declaration of results by Ghana’s electoral commission.

Mr. Mahama’s petition also highlighted errors in the initial declaration of results which the electoral commission admitted to.

But the nine judges hearing the case unanimously affirmed that President Akufo-Addo had obtained more than 50% of total valid votes.

It also held that the electoral commission’s mistakes and subsequent corrections of the declared results did not significantly impact the outcome of the polls.

“The error committed by the commissioner cannot void the declaration,” said Ghana’s Chief Justice Kwasi Anin-Yeboah in his ruling.

The court maintained that the declaration of the results was therefore legal.

According to the electoral commission President Akufo-Addo garnered 51.59% of the votes while Mr. Mahama got 47.37%.

Mr. Mahama’s case was criticized by observers for not providing compelling evidence.

This was again affirmed by the court which found the petition’s allegations of irregularities to be lacking substance.

“The court expected the pink sheets to be exhibited to prove the claims. Allegations of wrong aggregations of votes were not proved,” said the Chief Justice.

Mr. Mahama’s case was considered so weak by the two respondents, President Akufo-Addo and the electoral commission, that they declined to defend themselves whilst remaining confident of victory.

The former President’s lawyers had wished to subpoena the head of the electoral commission, Jean Mensa, for cross-examination but were prevented from doing so by the court.

Reacting to the verdict, which he said he disagreed with, Mr. Mahama was critical of the Supreme Court’s decision not to allow the cross-examination.

“Whatever the reasons for not allowing Mrs. Mensa to testify or answer questions, it leaves an embarrassing stain not only on our justice delivery system but also our nation’s electoral system,” he said.

“Everything was done in this trial to prevent the Commission from accounting to people in whose name they hold office,” added the former President.

Despite the misgivings, Mr. Mahama said his side will abide by the ruling.

“We will be law-abiding and do nothing to compromise the stability of the country.”

Ghana’s Opposition Leader John Mahama Heads To Court To Force Re-run Of Polls

Ghana’s main opposition presidential candidate in the December 2020 elections has filed a petition at the country’s Supreme Court seeking to annul President Nana Akufo-Addo’s re-election.

John Mahama of the National Democratic Congress (NDC) refused to concede the election to President Akufo-Addo claiming electoral irregularities.

According to Mr. Mahama’s petition, he argues that neither he nor President Akufo-Addo attained a clear majority because of the omission of one constituency from the provisional declaration of results by Ghana’s electoral commission.

He is now asking the Supreme Court to order a re-run of the presidential election for him and the incumbent.

According to the electoral commission President Akufo-Addo garnered 51.59% of the votes while Mr. Mahama got 47.37%.

Following changes to election adjudication guidelines, the petition hearing is expected to last for at most 42 days — a far cry from the eight-month-long hearing in 2012 when President Akufo-Addo, then in opposition, unsuccessfully challenged his election defeat to Mr. Mahama.

The judgment in the hearing is expected latest by February 10, 2021.

President Akufo-Addo is proceeding with his transition and is yet to comment on the legal challenge from his opponent. His party has also just held a thanksgiving service in commemoration of the election victory.

Akufo-Addo
Nana Akufo-Addo was joined by party supporters to give thanks to God for victory in the polls. Credit: Delali Adogla-Bessa / Ubuntu Times

In a public address after filing the petition, Mr. Mahama stressed that his challenge of the election results was not a mere manifestation of a desire for power but “because of a dedication to principle and a commitment to democracy.”

He said he was only chasing “the removal of doubt.”

“I want all of us to know that our elections should be free, fair, and safe and that we do not have to settle for a process that leaves us confused and with more questions than answers,” said Mr. Mahama.

The weeks leading to the petition have been marked by protests nationwide from the opposition.

These protests have been met by calls from some observers for Mr. Mahama to opt for court action and not civil disobedience.

There were fears that the protests could transition to violence because of clashes between protesters and police.

The Institute of Democratic Governance has been part of calls to the NDC and Mr. Mahama to air its grievances in court.

A research fellow with the institute, Ewald Garr, told Ubuntu Times the eventual resort to an election petition was the best possible outcome given the circumstances.

“For IDEG, we have advocated that instead of violence, they should use legal means to pursue some of these so the NDC going to court is in order.”

“The most important thing is not to engage in acts of violence that could destabilize the country. Nobody wants to see that,” said Mr. Garr.

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