In an August 21, 2020 letter to the EC, Muwada asked the election body to avail him with academic documents that candidate Museveni used to contest in the 2016 presidential candidates as required by the Presidential Elections Act 2005.
According to Muwada, the EC must not only organise and supervise elections but must independently adhere to the set statutory framework to which Museveni is presumed to have presented verified documents before nomination as a presidential candidate in 2016.
“I will exhaust all legal means to force the Electoral Commission to give me the papers. I advocate for equal opportunities by all statutory bodies,” the lawyer said.
But since last month, the EC has been mute until a few days ago when it sent a response to Muwada declining his request.
Leonard Mulekwah, the EC Acting Secretary told Muwada in a 3rd September letter that Museveni’s academic documents as presented by 2016 did not require verification since they are governed under section 4 (15) of the Presidential Elections Act 2005( as amended).
“For avoidance of doubt , if a candidate has an advanced level certificate obtained in Uganda or qualifications higher than the prescribed qualification obtained in Uganda or obtained from the former University of East Africa or any of its constituent colleges then, there shall be no need for the verification of his or her qualifications by the National Council for Higher Education,” Mulekwah said.
“As to whether the nomination of the said candidate was proper and or legal or legitimate , please note that the particular issue was conclusively canvased in the presidential election petition No 1 of 2018 (Amama Mbabazi vs Museveni, EC, Ors) Supreme Court of Uganda at page 7.”
Muwada’s petition to EC came after controversial city lawyer Male Mabirizi asked and was availed the same documents of presidential hopeful Robert Kyagulanyi Ssentamu alias Bobi Wine from the electoral body. Mabirizi promptly shared the documents with the public claiming that Bobi Wine didn’t qualify to stand for presidency because they(documents) were “purportedly” forged and his records did not add up.