Kawempe North MP Nalukoola Luyimbazi has asked the High Court in Kampala to dismiss a preliminary objection raised by former rival Faridah Nambi in an ongoing election petition that challenges his victory in the March 13, 2025, parliamentary race.
Dispute Over Witness Affidavits
Nambi alleges that Nalukoola engaged in voter bribery and wants the court to annul his win. However, the current legal standoff centers on conflicting affidavits submitted by key witnesses.
According to Nambi, three of her witnesses originally swore affidavits claiming they were bribed by Nalukoola, but later retracted their statements under alleged coercion and inducement. She has asked the court to strike out the second set of affidavits as illegal.
Nalukoola’s Legal Team Refutes Coercion Claims
Appearing before Justice Benard Namanya, Nalukoola’s lawyer Alex Luganda argued that the claims of witness tampering are unfounded. He stated that some of the witnesses either never submitted original affidavits supporting Nambi or were not even listed as her witnesses.
“The petitioner seeks to condemn our client without giving him a chance to respond,” Luganda told the court, emphasizing that recanting affidavits are not illegal and should be tested during cross-examination, not struck out prematurely.
Precedents and Professional Conduct
Luganda also dismissed claims that his legal team violated Rule 19 of the Advocates’ Professional Conduct Regulations, asserting that no improper influence occurred. He cited a Supreme Court ruling that underscores the need to examine how affidavits are obtained before drawing conclusions.
On her part, Nambi’s lawyer Ahmed Kalule insisted that prior Court of Appeal rulings—including those in the Betty Nambooze and Moses Attan cases—support the removal of affidavits tainted by interference. Kalule argued that affidavits should not be retracted in lawyers’ chambers, but only during formal cross-examination in court.
Ruling Expected May 9
Justice Namanya is expected to rule on the preliminary objection on Friday, May 9, 2025. Nambi is seeking a fresh by-election, claiming widespread electoral malpractice. The Electoral Commission, however, maintains that the election was free and fair, declaring Nalukoola winner with 17,939 votes against Nambi’s 9,058.