State Minister for Local Government and Masaka City Woman MP, Justine Nameere, has asked the High Court to drop five of the seven witnesses she had lined up to defend her victory in a petition challenging her election. The withdrawal of the witnesses was done through her lawyers, who informed Justice Bernard Namanya, presiding over the petition at the Masaka High Court. Nameere had intended to rely on the witnesses as her polling agents and witnesses to the contentious vote recount from which she was declared the winner.
The witnesses Nameere withdrew are Ali Kateregga, Sadick Lubega, Fatumah Namiiro, Mark Kizza, and Emmanuel Kawesi. This leaves only herself and Enoch Kugoonza, the principal legal officer of the Electoral Commission, to support her defence. Nameere, who contested on the National Resistance Movement (NRM) ticket, was declared the winner following a recount ordered by Masaka Chief Magistrate Albert Asiimwe. The recount overturned the Electoral Commission's initial declaration of National Unity Platform (NUP) candidate Rose Nalubowa as the winner of the January 15 election.
The Electoral Commission had initially declared Nalubowa the winner with 25,443 votes against Nameere's 20,324. However, after the recount, Nalubowa's tally was reduced to 23,176 votes, while Nameere's increased to 25,502, resulting in her declaration as the winner. Nalubowa subsequently petitioned the High Court, challenging the chief magistrate's decision and Nameere's subsequent declaration as the winner. She argues that the recount and subsequent declaration were conducted in violation of the law.
On Wednesday, after Nameere testified as a key defence witness, her lawyers told the court that she had instructed them to withdraw five of the seven witnesses she had intended to present in support of her defence. Nameere had earlier engaged Nalubowa's lawyers in tense verbal exchanges as she prevented them from cross-examining her, forcing the trial judge to briefly suspend proceedings to allow tempers to cool.
When court resumed, Nameere's lawyer, Baziira, told the judge that after Nameere had testified and been cross-examined by Nalubowa's lawyers, she had evaluated the case and concluded that the remaining witnesses were no longer relevant to her defence. Meanwhile, Nalubowa's lawyers, Samuel Muyizzi Mulindwa and Alexander Lule, asked Kugoonza to explain why he had sworn an affidavit concerning the recount despite not being physically present during the exercise.
Kugoonza told the court that he had been briefed about the entire exercise and was satisfied that the relevant laws had been followed. He explained that after receiving the chief magistrate's order, the Electoral Commission was required to conduct the recount unless a higher court issued a contrary order. According to Kugoonza, the commission had initially opposed the application for a recount, arguing that the returning officer had conducted a credible exercise.
With the defence evidence now concluded, Justice Namanya directed the parties to file their closing submissions by October 12. The judge said he would thereafter give further directions on the delivery of the judgment. The case has been ongoing since January 15, when the election took place, and its outcome remains uncertain.
Key points
- Nameere drops five defence witnesses in election petition.
- The recount ordered by Masaka Chief Magistrate Albert Asiimwe led to Nameere's declaration as the winner.
- The case will proceed with closing submissions to be filed by October 12.
