TODAY: Hon. Mukasa addressing journalists outside court
HIGH COURT judge Her Lordship Dr. Winfred Nabisinde has today Tuesday afternoon on condition granted an application filed in by lawyers of Ms Eugenia Nassolo to bring other affidavits supporting her election petition against Lubaga South legislator Aloysius Mukasa.
In her wise ruling, Her Lordship Dr. Nabisinde granted the petition but ordered that, new affidavits must be in line with the grounds in the petition before court not bringing something new which court will not hesitate to throw away.
She in fact reminded the petitioner and her lawyers the five grounds on which her petition is built warning that if she brings something different, it will not be put on court record.
“Make sure you file those new affidavits by today (Tuesday) evening and the respondents must be served by Friday 27th August 2021. Court is adjourned to Monday 30th August 2021 at 2pm for hearing.” Ruled Her Lordship Dr. Nabisinde.
Shortly after adjournment of the court, this news website exclusively talked to lawyers of Yiga, Semuyaba & Co. Advocates who are representing Lubaga South legislator Aloysius Mukasa in this election petition to give us their view about the petitioner’s application which court granted today.
Counsel Semuyaba said, they are not bothered by the petitioner’s fresh evidence provided it is in line with the petition. He welcomed the ruling and said they are ready to scrutinies every line of the affidavit.
“Our legal team is not bothered by the new affidavits. We already knew what the petitioner was cooking and we have the answers. We are ahead. Good, Monday is not too far.” Said Counsel Semuyaba.
Earlier today, Nassolo, through her lawyers of Caleb Alaka & Co. Advocates asked court to allow her file in more affidavits outside the filing time to support her petition, an application lawyers of the 1st Respondent (Aloysius Mukasa) and those of the 2nd Respondent (Electoral commission) strongly objected saying, the petitioner wants to bring in another petition something which is outside the Parliamentary election Act (amended in 2005).
The lawyers perfectly made their point citing a number of cases and on the other side, lawyers of the petitioner assured court how they will not bring in a new petition from the one before court.
Outside court room, Hon. Mukasa said he is at court to fight and protect Lubaga South win which the loser Nassolo dreams that can grab through the High Court.
“You all know we defeated her by a margin of about 40,000 votes. Lubaga South people spoke out loudly. No one be it who will ever grab this win. We are here to demonstrate that we are the winners. She came here unprepared that is why you saw her fidgeting and asking for more time to manufacture evidence. We can give her be it a full year if she wants but at the end of it, she will lose miserably.” Said MP Aloysius Mukasa commonly known as Taata Lubaga while addressing journalists today.
For starters, through her lawyers of M/s Alaka & Co. Advocates, Eugenia Nassolo petitioned High court for a declaration that the respondent (Aloysius Mukasa) was not at the time of his nomination and election qualified to take part in the elections of member of Parliament.
Secondly, for declaration that the 1st respondent was not validly elected as member of Parliament for Rubaga South Constituency.
Nassolo petitioned court for declaration that she is the validly elected member of Rubaga Division South Constituency. The Petitioner also sought for an order that the election of the 1st respondent as Member of Parliament Rubaga Division South be set aside,that the petitioner is the dully elected Member of Parliament for Rubaga Division South Constituency, and that the respondents pay the costs of the petition.
Lawyers of the 1st Respondent have already vowed to ask court to properly evaluate the petitioner’s evidence on record.
They want the trial judge to subject the evidence before court to the standard of proof required in Parliamentary elections petition.
The 1st Respondent’s counsel is expected to rely on Dr. Kizito Deo Lukyamuzi v Kasamba Mathias and Another; Election petition No. 3 of 2011 for holding that, neither the Act nor the Regulations made under it give the definition of the phrase “change of name” therefore, it is not clear whether variation in name by merely adding or abbreviating your other name, without losing or abandoning the use of the original one, amounts to change.
On questioning MP Mukasa’s academic documents, the learned trial judge is expected to make an inquiry according to section 63 (4) of the Parliamentary Elections Act into whether the 1st Respondent actually studied from Lubiri Secondary School under his current names before reaching a conclusion that he does not have requisite academic qualifications.
Hon. Mukasa’s counsel says, there is no iota of evidence from the two schools that the 1st Respondent was not their former student. The burden of proving that Hon. Mukasa did not posses the minimum academic documents to be nominated as a candidate for election as a member of Parliament will now shift to the petitioner Eugenia Nassolo.
Mukasa lawyers want court to appraise the evidence on vote bribery submitted by the petitioner by subjecting it to scrutiny and coming up with a decision.
A successful businessman who is among Hon. Bobi Wine’s top confidants, Hon. Aloysius Mukasa contested on opposition National Unity Platform (NUP) ticket, massively winning Nassolo Eugenia and other twelve candidates to be declared winner by The Electoral Commission Kampala Returning officer.
Other candidates were; Male Charles Kenneth (NRM), Kifampa Silaje (JEEMA), Kato Lubwama Paul (Independent), Mugga Adam Swift (Independent), Lufunya Derrick (Independent), Ken Lukyamuzi (CP), Lubega Samuel Walter Mukaaku (SDP), Buwembo Habib (FDC), Kiyingi Denis ( Independent), Nakanwagi Grace (Independent), Sebugwawo Mbidde Denis (Independent) and Kayemba Michael Oscar (Independent).
Aloysius Mukasa polled 49,501 (Forty Nine thousand, five hundred and one) and Nassolo came second 12,893 (Twelve thousand, Eight Hundred ninety three) votes.
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