Mawogola North MP Godfrey Aine Kaguta alias Sodo is opposing his former election rival John Jet Tumwebaze’s bid to represent himself in a petition challenging his victory, arguing that he cannot simultaneously act as his own lawyer and a key witness in the case.
Sodo, through his lawyer Paul Kuteesa, raised the objection before Masaka High Court Judge Thomas Ocaya Ojele on Tuesday, as the court continued to deal with preliminary applications delaying the hearing of the main election petition. Tumwebaze, who contested the Mawogola North parliamentary election as an independent candidate, petitioned the court seeking to overturn Sodo’s victory.
He alleges that the election was marred by gun violence, intimidation, voter bribery, ballot stuffing and other electoral offences. Tumwebaze has also challenged Sodo’s nomination by the Electoral Commission, alleging that the legislator does not possess the minimum academic qualifications required to serve as a Member of Parliament. Kuteesa told the court that Sodo objects to Tumwebaze personally conducting the petition because he had affidavits as a key witness in the case.
He argued that allowing Tumwebaze to simultaneously represent himself as counsel and testify as a witness could prejudice the proceedings. Kuteesa asked the judge to direct Tumwebaze to excuse himself from the bar and allow his lawyers to take over the conduct of the petition. He also asked the court to strike out Tumwebaze’s key affidavits, citing alleged inconsistencies in their drafting and filing, which he argued rendered them incompetent.
However, Tumwebaze, through his lawyer Robert Rutalo, asked the court to dismiss Sodo’s application, describing it as inconsequential. Rutalo argued that a litigant has a right to represent himself if he chooses to do so and that Tumwebaze’s decision to conduct his own case does not contravene any law governing legal practice. He further argued that Tumwebaze participated in the contested election and personally witnessed the alleged irregularities, making him well placed to present and defend the evidence before court.
Justice Ocaya Ojele directed Tumwebaze to file a written response to the application and set October 7 for a ruling. The ruling is expected ahead of the scheduled commencement of the main petition hearing on October 12. Earlier, Tumwebaze had also filed an application seeking to bar his former lawyers, Arcadia Advocates, from representing Sodo in the election petition.
Tumwebaze argued that the law firm had previously represented him and could therefore be in possession of confidential information that could potentially be used against him in the petition. However, the court dismissed the application, citing lack of evidence to substantiate his claims against the law firm-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
