Overview:
Samuel Ssekyewa, one of Justine Nameere’s lawyers, said the voluntary withdrawal partially settles the election dispute. He added that their team was prepared for any form of court proceedings.
The Masaka High Court on Wednesday became the scene of a heated exchange between Justice Simon Peter Kinobe and lawyers representing Rose Nalubowa, the former National Unity Platform (NUP) candidate for Masaka City Woman parliamentary candidate. The lawyers had filed, and then controversially withdrew, an application seeking judicial review of a vote recount decision in the disputed election.
The confrontation involved Acting High Court Judge Simon Peter Kinobe and lawyers Samuel Muyizzi Kayaayu and Alexander Lule Nkima. The lawyers had approached the High Court to challenge the decision of Masaka Chief Magistrate Bert Siimwe, who conducted a vote recount despite finding some ballot boxes tampered with.
In their application, the lawyers sought to rescind the recount decision, delay the gazetting of the National Resistance Movement (NRM) candidate Justine Nameere, and halt her swearing-in, arguing that the process that declared her victorious was irregular. However, the scheduled hearing stalled after the lawyers raised concerns about the impartiality of the trial judge, citing his previous political affiliation with NRM during his 2021 attempt to contest for the Bugahya constituency in Hoima District. They requested that Judge Kinobe recuse himself, a plea he angrily declined. Muyizzi argued they could not trust their client to receive justice under a judge who had publicly identified with NRM.
After repeated interjections, the judge called a five-minute recess to allow the lawyers to consult with their client. He warned them against leaving the court, noting he would proceed with or without them.
“I have declined to grant the application for recusal, and I will give a comprehensive ruling by close of business this week. I am standing over the matter for you to receive your instructions. But please make no mistake, with whatever instructions you get; I have an application before me, and I will proceed with or without you,” the judge said.When the court reconvened, Nalubowa’s lawyers formally withdrew the applications, citing that the gazette announcing Nameere’s victory had already been published, effectively overtaking their application. Speaking to the media, Rose Nalubowa said she had no trust in the process.
Samuel Ssekyewa, one of Justine Nameere’s lawyers, said the voluntary withdrawal partially settles the election dispute. He added that their team was prepared for any form of court proceedings.
Notably, the Electoral Commission had initially declared Nalubowa the winner, but her victory was overturned after Nameere successfully applied for a vote recount.
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