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Court Allows Additional Affidavits in Lubaga South Election Petition

In her ruling, Justice Nabisinde granted leave Nassolo to file the additional affidavits. He explained that he could not reject the affidavits whose contents they didn’t know.
Kampala High Court Justice Dr Winifred Nabisinde has allowed Eugenia Nassolo to file five new affidavits.

Nassolo, who lost the Lubaga South MP seat to Aloysius Mukasa, filed a petition challenging the election of Mukasa on grounds that the electoral commission and Mukasa committed several irregularities that include bribery during the election in January.

She also alleges that Mukasa lacks the academic qualifications required for him to be an MP. Nassolo says that Mukasa lacks the Uganda Certificate of Education-UCE or the Uganda Advanced Certificate of Education-UACE.

On Tuesday, Nassolo’s lawyers led by Caleb Alaka asked the court presided over by Justice Winifred Nabisinde to grant them leave to file five more affidavits arguing that their ability to do so earlier had been affected by the COVID 19 lockdown.

But Electoral Commission lawyer Hamid Lugoloobi and Mukasa’s lawyer Justin Semuyaba challenged the request saying that Nassolo had a lot of time to file the affidavits but did not do so. They told the court that introducing new affidavits would change pleas which would consume court time as the respondents and the Justice read to internalize them.

However, Nassolo's lawyers insisted that bringing new affidavits would not change the facts of the case since facts are stated in the petition, not the affidavit.

“Taking plea, in this case, has not closed since the case has not yet closed and has not yet been scheduled (for hearing). There is nothing new, all fears are speculative”, Alaka said.

In her ruling, Justice Nabisinde granted leave Nassolo to file the additional affidavits. She explained that she could not reject the affidavits whose contents they didn’t know.

She advised the petitioner to file and serve the five affidavits by close of business today.

Nabisinde also said that Mukasa should also file not more than three additional affidavits if they so wish not later than August 27.

According to Alaka, the new affidavits include evidence of Boda Boda men who were bribed with helmets and more than 20 photos showing Mukasa dished out money to voters in the constituency.