Lawyers, Mohmed Mbabazi and Medard Ssegona will lead a team of several other lawyers representing the National Unity Platform’s (NUP), Hon. Kyagulanyi Ssentamu Robert in his legal bid to upset President Yoweri Kaguta’s win in the January 14th presidential elections.
CEO East Africa Magazine has exclusively learnt from very credible sources, that Mr. Mbabazi, a Partner at Nyanzi, Kiboneka and Mbabazi Advocates, who in 2016 stood out during the lost Hon Amama Mbabazi vs. Museveni petition has been tapped to co-lead the high-stakes case alongside the hawk-eyed Medard Ssegona.
Mr. Mbabazi, other than experience, is expected to add an objective side to the legal Mr. Kyagulanyi’s strategy since Sseggona, and many of the other lawyers on the team, are either NUP members or opposition leaning.
“Since he has no known political side, Mr. Mbabazi will over and above his 3-decade experience, be the voice of reason, since he is non-allied,” intimated the source.
Other lawyers, on Kyagulanyi’s team, include Samuel Muyizzi, a Partner at Alaka & Company Advocates; Dr. David Mushabe, a partner at Mushabe, Munungu & Co Advocates; Benjamin K. Katana, a Partner at PACE Advocates and Anthony Wameli, Managing Partner at Wameli & Co, Advocates.
On Monday, February 1st, 2021, Kyagulanyi, commonly known as Bobi Wine, filed his petition before the Supreme Court.
In his petition― Presidential Election Petition No. 1 of 2021, he has sued President Yoweri Kaguta Museveni, together with the Attorney General and the Electoral Commission. He has leveled 11 claims against the Electoral Commission, 06 against Museveni and 09 against the Attorney General.
Claims against the Electoral Commission, rotate around the quality of organization of the elections, while Mr. Museveni is largely accused of violence and bribery. The Attorney General on the other hand is accused of a poor regulatory regime that allegedly did not guarantee a free and credible poll as well as for the Armed Forces’ interference in the electoral process.
Both the Electoral Commission and the Attorney General have separately dismissed the claims brought against them.
“The 3rd Respondent contends that the petition is bad and barred in law for having been filed outside the period stipulated by the Constitution…” reads part of the Attorney General’s response, saying that Kyagulanyi had up to January 31st to file his petition. However, the above deadline fell on a Sunday prompting him through his lawyers to ask the court to file the petition on Saturday, January 30, which was denied. In a handwritten note, however, the Chief Justice Alphonse Owinyi Dollo allowed them to file on Monday, February 1, a day after the deadline, as courts don’t work on weekends.
The Electoral Commission, on the other hand says that over and above the petition being bad and barred in law, the claims brought against them did not hold any water since, if there were any irregularities, they were not significant enough to affect the results of the election in any substantial manner. In his affidavit, Justice Simon Byabakama, the Electoral Commission Chief, says that some of the claims made against his commissions were taken to stop the spread of the Coronavirus.
The Electoral Commission’s legal team is led by Eric Sabiiti the commission’s lawyer assisted by an ‘army’ of lawyers at Kampala Associated Advocates and Okello Oryem & Co. Advocates.
The Attorney General is being represented largely by his team of lawyers led by William Byaruhanga, the Attorney General and Martin Mwambutsya, the Commissioner for Civil Litigation in the Ministry of Justice and Constitutional Affairs.
According to the Supreme Court, the high-stakes petition will be heard by a coram of 09 judges.
The Judges are: Chief Justice Owiny-Dollo, Dr Esther Kisaakye Kitimbo, Stella Arach-Amoko, Rubby Aweri Opio, Faith Essy Mwondha, Paul Kahaibale Mugamba, Ezekiel Muhanguzi, Percy Night Tuhaise, and Mike Chibita.
PROFILES: Who are the lawyers representing Bobi Wine?
Mohmed Mbabazi
Partner
Nyanzi, Kiboneka and Mbabazi Advocates
Although he had been a partner at the Nyanzi, Kiboneka and Mbabazi Advocates since the early 1990s, Mohmed Mbabazi’s day in the sun came in 2016, during the famous Amama Mbabazi v Museveni & others (Presidential Election Petition No. 01 of 2016).
As a lead lawyer, he led his team in putting up a bigtime challenge against President Museveni’s formidable team of lawyers. Although he put up a spirited defence that earned him fame and admiration in equal measure, the court later threw out the petition, saying that the claimed irregularities, were not substantial enough to affect the results of the elections. Mohmed is no stranger to handling presidential election petitions. In 2001 and 2006, he was part of Dr Kizza Besigye’s legal teams.
It is therefore not surprising that he is lined up as the lead lawyer in the petition against Museveni. He will bring both rigour and the much-needed experience in a Presidential Elections Petition. He should also be familiar with President Museveni’s lawyers and perhaps their legal strategy, an experience that Kyagulanyi’s team, many of whom will be handling such a petition for the first time.
A graduate of Makerere University, Mr. Mbabazi is an advocate of the Courts of Judicature of Uganda with specialty in litigation, Alaternative Dispute Resolution (ADR), Telecom and IT law, IP and Human rights.
Medard Ssegona
Managing Partner
Lukwago & Co. Advocates
Largely known for being an astute and hawk-eyed law maker, who takes no prisoners, Medard Sseggona is the Managing Partner at Lukwago and Co. Advocates where he has worked since 2003.
As a lawyer, he has been largely involved with human rights and has defended several political clients.
How Stanbic Bank CFO Ronald Makata Blends Governance, Technology and Human Leadership to Drive PerformanceMr Sseggona graduated with a Bachelor of Laws (LLB) from Makerere University in 2001 and completed a Diploma in Legal Practice at the Law Development Centre (LDC) Kampala.
He has also been the Busiro County East legislator since 2011. He has been a renowned member of the Democratic Party (DP), until recently when he joined the National Unity Platform (NUP) led by Kyadondo East MP Kyagulanyi Robert Ssentamu.
Amongst the high-profile political cases he has been involved with, is defending suspects involved in the so-called Buganda riots that proested the Central Government’s blockade against the Kabaka’s planned visit to Kayunga. He was also the lead lawyer in the Rubaga North election petition involving Moses Kasibante and NRM’s Singh Katongole as well as the Butambala County election petition where he successfully (at the High Court and Court of Appeal) represented Hon. Muwanga Kivumbi Mohammed against Kikulukunyu Faisal.
He also led Constitutional Court petition that successfully convinced court that the acts of the state of arresting and charging citizens with treason and or terrorism for engaging in peaceful demonstrations was unconstitutional and contrary to article 23 (1) (c), 28 (7), 29 and 38 of the Constitution.
His latest high-profile case was when he represented the Lord Mayor Lukwago in a power struggle case he filed against KCCA’s Executive Director Jennifer Musisi.
He has also served as the Shadow Minister for Justice and Constitutional Affairs in Parliament, as well as the Buganda Kingdom Minister of Information/Spokesperson between 2006 and 2010.
Samuel Muyizzi Mulindwa
Advocate and Partner
Alaka & Co. Advocates
Mr Samuel Muyizzi Mulindwa is one of the founding Partners at Alaka & Co. Advocates.
He holds a Bachelor of laws with Honors from Makerere University Kampala and a Post Graduate Diploma in Legal Practice.
Mr. Muyizzi has interest in General Civil and commercial litigation, Corporate and Business law, Conveyancing and Land Law practice, Constitutional and Human Rights law, Banking and Lender liability law, Insurance law, Intellectual property law, Taxation and corporate planning, leasing and domestic relations law.
He is a legal advisor to the Democratic Party, Uganda’s oldest Political Party and is a member of the Uganda Law Society and the East African Law Society.
As an activist, he was involved with various youth organisations in his younger days, such as The Global Forum on International Cooperation, The Great Lakes Region Youth League, The East African Youth Alliance and The International Union of Socialist Youth Organizations.
Anthony Wameli
Managing Partner
Wameli & Co, Advocates
A graduate of Makerere University, Anthony Wameli has a relatively sizeable experience in human rights and politically related cases.
The founder and Managing Partner at Wameli & Co. Advocates, he has been in the business for over 10 years. Some of his biggest cases include, representing suspects in the assassination of Assistant Inspector General of Police (AIGP) Andrew Felix Kaweesi. He is also currently representing Jamil Mukulu, the incarcerated suspected leader of the rebel outfit, Allied Democratic Forces that operates in the jungles of the Democratic Republic of Congo.
He is also representing former presidential candidate Gen. Henry Tumukunde in the various cases brought against him by the state.
He went to Makerere University where he graduated with a degree in law. He also holds a Diploma in Legal Practice from the Law Development Centre as well as a Certificate in International Huma Rights and Good Governance from the Copenhagen Business School in Denmark.
Between 2009 and April 2011, he briefly served as the Nakasongola Grade 1 Magistrate before quitting to form Wameli & Co Advocates.
Benjamin K. Katana
Partner
PACE Advocates
Of late, Mr. Katana has been one of NUP’s defacto lawyers, representing Hon. Robert Kyagulanyi on most occasions.
He is one of the founding partners at PACE Advocates, a fully-fledged law firm offering a wide range of legal services but mainly, Investment Advisory, Tax Consultancy, Insurance Law Consultancy and Litigation Immigration and Refugee Law Advisory and Litigation, Intellectual Property Practice Land Conveyance, and General Civil Litigation.
He is an Advocate of the High Court having successfully pursued his Post Graduate Diploma in Legal Practice from the Law Development Centre and a Degree from Kampala International University. Mr. Katana was an Immigration Lawyer for the Government of Uganda in the Directorate of Citizenship and Immigration Control under the Ministry of Internal Affairs for seven years.
He also acted as the Legal Advisor to the Minister for Internal Affairs on Immigration and Citizenship affairs for three years and was a member of the Government Refugee Eligibility Committee for five years.
