Faridah Nambi Kigongo, the runner-up in the Kawempe North parliamentary elections, has made serious allegations against the victor, Elias Nalukoola Luyimbazi, accusing him of interfering with her witnesses and coercing them to retract their evidence.
Nambi's petition, which seeks to nullify Nalukoola's victory based on claims of voter bribery, has taken a dramatic turn in the High Court Civil Division.
During a case conferencing session before Justice Bernard Namanya, Nambi's legal team, led by Ahmed Kalule, raised a preliminary point of law.
Kalule asserted that three affidavits submitted by Nalukoola in his defense were problematic, as the individuals who swore them had initially provided statements supporting Nambi's petition.
"We have informed the court that the affidavits of Jjemba Nathan Muwanguzi, George William Mawumbe, and Ben Mukasa Ntale, which were initially in support of our petition, have now been retracted," Kalule stated.
"This conduct of approaching our clients' witnesses and making them retract is unlawful and is contrary to rule 19 of the advocates professional conduct."
Kalule explained that these individuals had initially sworn affidavits on April 9, 2025, detailing instances of voter bribery by Nalukoola.
However, they were subsequently approached by Nalukoola's lawyers and Ben Mukasa Ntale, leading them to retract their statements, claiming forgery and coercion.
Kalule cited precedents, including the case of MP Kintu Brandon vs. Walyomu Moses and Electoral Commission, where the Court of Appeal deemed such conduct illegal.
He also referenced the case of former MP Moses Attan vs. Herbert Edmund Ariko, where similar actions were condemned.
"Nalukoola and his lawyers should have waited for cross-examination to test the veracity of those witnesses," Kalule argued.
"We ask the court to strike out the retracted affidavits because it infringes on the right to defense."
Nalukoola's lead counsel, Muhammed Mbabazi, countered that it would be unfair to punish the lawyers, as they did not actively seek out the witnesses.
Justice Namanya advised Mbabazi to focus on the accusations of witness tampering rather than potential punishments.
Mbabazi requested more time to respond to Nambi's preliminary objection.
Earlier, Nalukoola's lawyer, George Musisi, informed the court that they had six more affidavits to file and were awaiting documents from the Electoral Commission.
"Yesterday, we were informed that the Secretary is yet to sign them off. In the premises, we request court for more time to file more affidavits and those documents," Musisi said.
Electoral Commission's lawyer, Eric Sabiiti, also requested additional time to file documents, promising to deliver them by Monday.
However, Kalule argued that the delays should not hinder the case conferencing.
The case has been adjourned to Monday, May 5, 2025, for Nalukoola's lawyers to respond to Nambi's preliminary objection