The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Katikamu North MP Denis Sekabira has backtracked on a decision to cross examine witnesses of Gaddafi Nassur, a political challenger who is challenging his victory in Court.
Sekabira, a member of the National Unity Platform was declared winner of the Katikamu North Parliamentary race with 18,716 votes followed by the National Resistance Movement-NRM candidate Gaddafi Nassur with 10,771 votes. But Gaddafi challenged the election on grounds of voter bribery.
He presented before the court evidence of call-logs and mobile money transactions indicating that Sekabira had sent 52,000 Shillings to one Enos Kamya, 100,000 Shillings to Edith Nakaweesa and another 100,000 Shillings to his agent Eric Juuko who allegedly distributed it to registered voters.
Today, the Electoral Commission and Sekabira’s lawyers were scheduled to cross-examine Gaddafi’s witnesses as had been indicated in the joined scheduling memo filed before the court. However, they instead told the court that they will not be cross-examining the witnesses.
“Upon re-examination and analyzing the petition, affidavits and attachments thereon, we formed an opinion that this matter can be handled through Submission, my Lord. That’s why abandoning cross-examination was the most appropriate move to take” explained Nalukoola Luyimbazi, the lead counsel for Sekabira.
But Gaddafi’s lawyers led by Asuman Nyonyintono said they would cross-examine the Electoral Commission and Sekabira’s witnesses. Nyonyintono, however, indicated to the court that they would drop the decision in case the court accepts the five fresh affidavits that they sought to admit.
Yesterday, Nyonyintono asked the court to allow five witnesses of the petitioner to swear their affidavits afresh having sworn the earlier ones before a Commissioner of Oaths who lacked a practising certificate. The affidavits are of Edith Nakaweesa, Robert Tumwine, Moses Matovu Kato, Fred Mugerwa and Enos Kamya.
Justice Margaret Apiny will on Tuesday, August 31, make her ruling on whether to allow the application regarding the five affidavits or not. It is then that Gaddafi’s lawyers will start to cross-examine witnesses of the Electoral Commission and Sekabira if they still wish to.
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