Uganda’s Supreme Court has received a boost on the ongoing presidential election petition with civil society organisations and academics applying to be enjoined in the case as friends of the court (amicus curiae).

The application means that the applicants do not lean towards any party in the court, but rather provide useful evidence to help the court arrive at just and logical decision.

“The admission as amicus curiae will serve the interest of justice and enhance participation of people of Uganda not otherwise represented,” they said in a statement. 

It is expected that the civil society will offer its expertise on human rights while the academics will offer interpretation of the law.

“We have interest in the petition because it raises important questions of public interest; whether the general elections were conducted in a manner representative of the will of the people,” said Dr Livingstone Sewanyana, executive director Foundation for Human Right Initiative, one of the NGOs.

Lecturers from Makerere University Faculty of Law have applied in the same vein. They are expected to help the court interpret the laws. They came in their capacity as academicians.

“We shall provide independent intervention to help the court interpret the law and to provide evidence that helps the court determine whether laws were complied with,” said Dr Sewanyana.

The applicants are members of the civil society coalition that was accredited as election observers in the 2016 General Election under an umbrella body, Citizens Election Observers Network and the Citizens’ Coalition for Electoral Democracy in Uganda.

They observed electoral processes prior to, during and after the presidential elections. They also organised voter mobilisation campaigns.

The group issued three reports which they intend to give the court.

“The organisations, therefore possess valuable, credible and verifiable information on the elections, which will enrich the Court’s consideration of the presidential election petition,” reads a statement from CEON.

The hearing of the petition starts officially on March 14 upon which the contentious questions will be debated. The court has about two weeks to declare Museveni’s elections valid or invalid. 

This is the first time amicus curie is being applied to Uganda’s jurisprudence. It has however been applied in South Africa and Kenya. Uganda’s case largely relies on the discretion of the court to accept such offers or to decline.

The civil society organisations include Foundation for Human Rights Initiative, the Uganda Association of Women Lawyers, Chapter Four Uganda, Human Rights Network Uganda, Centre for Constitutional Governance, Kituo cha Katiba, Legal Aid Services Providers Network Uganda, and Transparency International.

The development will help Amama Mbabazi’s case especially in providing vital evidence after his lawyers lost important pieces of evidence in last week’s break-in at their offices.

Two of the law firms representing Mbabazi were broken into the same night and several documents stolen.