On Thursday, Gaddafi through his lawyers led by Asuman Nyonyintono told the court presided over by Justice Margaret Apiny that affidavits of five witnesses swore before a commissioner of oaths Carmel Nakalyowa who lacked a valid practising certificate as an advocate of court.
In her ruling, Lady Justice Dr. Winfred Nabisinde dismissed the application, saying that Nsubuga filed an application seeking similar prayers on March 31st 2021 but withdrew it. According to the judge, the withdraw meant that Nsubuga was already aware that there was a petition against him.
Justice Nakintu held that a High Court has no jurisdiction to re-appraise a decision of the Court of Appeal, adding that her court could also not act to pre-empt the office of the DPP on how to conduct their proceedings.
The suspects reportedly shot the deceased to death before arresting his 9 family members. They were arrested and charged with murder contrary to section 188/189 of the Penal Code Act, conspiracy to commit murder contrary to sections 188 and 189 of the Penal Code Act.
On Wednesday, Nambozo through her lawyers of Wamukoota and Company Advocates asked the court to dismiss the petition on grounds that the late Enoc Samson Kyabakaya, who prepared Lumolo’s affidavit didn’t have a valid practising certificate by the time she administered the oaths.
Jude Byamukama of Jude Bwamukama & Co. Advocates who is the lead lawyer of the Koluo said that out of the 60 affidavits filed by the petitioner, 56 didn’t have the names and addresses of the witnesses.