IN THE PHOTO: Hon. Mukasa talking to a section of journalists at High court in Kampala today evening
BY ANITA NAMBI
DP WOMAN Eugenia Nassolo who petitioned court against the election of Mukasa Aloysius Talton Gold Member of Parliament for Rubaga Division South Constituency goes in hiding as hearing of her petition starts today Tuesday.
Her lawyers only sent a representative who also asked court to postpone hearing of the matter!
Addressing journalists shortly after leaving court chambers, MP Mukasa said Nassolo has deliberately dodged court because her petition lacks substance.
“The time i would be at Parliament representing my people in Lubaga South is wasted by one person Eugenia Nassolo who has no serious case against me. In fact she stands against the Lubaga South People who massively elected NUP. She started this, she will not hide all the time. We are ready for her.” A determined MP Mukasa told journalists at court.
The presiding Judge Her Lordship Dr. Winfred Nabisinde adjourned the matter to August 24th 2021 but asked Nassolo’s lawyer to advise their client to find a way of settling this matter out of court because her petition is ‘lacking’!
“I read through the petition and affidavit of the petitioner. I also read the reply from the 1st Respondent (Hon. Aloysius Mukasa) perfectly answering the petitioner. I really don’t see why the petitioner came to this court. We only have to verify the original academic documents of the 1st Respondent.” Said the judge who met lawyers of both parties in her chambers.
She said, the gist in Nassolo’s petition only lies in Hon. Aloysius Mukasa’s academic documents and if he produces the originals, all will be settled.
Counsel Semuyaba, lawyer for MP Mukasa assured the judge that his client is more than ready to produce all the original documents as he will be ordered by court.
The Petitioner says, academic documents presented for nomination by the 1st respondent do not belong to him but to someone else and the burden will be on the Petitioner to prove this allegation.
In the reply, the 1st Respondent attached his O’ level and A’ level pass slips and the degree transcript from the University. Thereafter, the burden of proof shifts back to the petitioner (Nassolo) to prove whether the adduced documents belong to someone else.
The judge hinted on other issues raised by Nassolo in her petition saying they are not backed up by evidence. This is when she advised the petitioner who might have acted in anger and went to court.
“If the petitioner insists on proceeding with the hearing, that is her right but as court, first thing, we give space to mediations. Let her think about that.” The learned judge advised Nassolo’s lawyers.
At first, Nassolo’s lawyer asked court to postpone hearing to Wednesday August 19th 2021.
“My Lordship, I have come to represent counsel Kenneth Paul Kakande who is busy attending another court session. He prays that you adjourn the matter before this Honourable court to 19th August 2021.” Said a lawyer who was sent by Kenneth Paul Kakande to represent Nassolo. Senior lawyer Caleb Alaka was also absent.
On adjournment of court to Wednesday, MP Mukasa’s lawyer rejected it saying he also has other court cases he will be attending to.
They all agreed hearing of this election petition to be heard next week on Tuesday August 24th 2021.
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. Also click and read this story: WE ARE READY FOR NASSOLO’S ELECTION PETITION BASED ON PARISH SUPERVISORS’ EVIDENCE’, SAYS MP MUKASA’S LAWYERS AS HEARING KICKS OFF
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. Also click and read this story: 10 MAJOR GAPS IN DP LOSER NASSOLO’S ELECTION PETITION TO CANCEL OUT LUBAGA SOUTH MP-ELECT ALOYSIUS MUKASA FOR DONATING AMBULANCE & BUILDING CHURCHES
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