Opposition Forum for Democratic Change party (FDC) defended its defiance campaign activities before the Constitutional Court.
The defense by the largest opposition political party is contained in its reply that it filed before the court. The reply by the FDC is to counter the earlier petition filed by the Attorney General (AG) against the party and its former presidential flag bearer Dr Kizza Besigye.
In its reply before the court, FDC contends that its defiance campaign is aimed at obtaining control of government through a popular mandate and also in defense of the supreme law of the land (the Constitution) from persons who wish to take and keep control of government without a popular mandate.
In further defending its defiance campaign, FDC through its chairperson of the electoral commission Michael Kabaziguruka, argues that demanding for an independent international audit of the February 18 presidential results to establish who exactly won the elections, is not a crime as its not barred by any law.
Kabaziguruka also in his affidavit before court, contends that in announcing Dr Besigye who is currently detained at Luzira prison over treason charges as the winner of the February presidential poll, was in exercise of his conscientious freedoms guaranteed in article 29 of the Constitution.
The FDC electoral boss adds that the defiance campaign does undermine the laws of Uganda as alleged by the AG but rather the defiance campaign is allowed and expected of a political party under the constitution which guarantees freedoms of assembly and expression.
Kabaziguruka in his affidavit also accuses President Museveni of locking up Besigye in his home soon after the elections, making it impossible for him to petition the Supreme Court to challenge the February 18 polls.
The filing in of this reply by the FDC party, comes at the time when the same court has fixed Friday this week to hear out the main petition in which the AG is challenging the acts of Dr Besigye swearing-in himself as President of Uganda and wants the same to declared these acts unconstitutional.
According to the hearing notice before the court, the petition is set to be heard by a panel of five justices led by Deputy Chief Justice, Steven Kavuma. The other justices on the panel are; Richard Buteera, Elizabeth Musoke, Catherine Bamugemereire and Cheborion Barishaki
In the main petition that will be heard on Friday, the AG states that he is dissatisfied with the defiance campaign conducted by Dr Besigye and FDC whose aim is to obtain control of the government and that the same is inconsistent with the constitution.
The AG further in the main petition, states that the act of Dr Besigye of announcing himself as the winner of the recently concluded presidential elections by over 50 per cent of the valid votes cast is inconsistent with the constitution.
Explaining the defiance campaign, the AG in his petition contends that throughout the campaign period Dr Besigye mobilized his supporters to reject the results of the election if he is not declared the winner by the EC.
In support of the AG’s main petition, the Ag. Solicitor General Mr Christopher Gashirabake in his affidavit states that given his experience as a lawyer, he knows that the demands by Dr Besigye and FDC for an independent audit of the presidential election results is inconsistent and that presidential results can only be challenged in Supreme Court.