High court in Masindi presided over by justice Elizabeth Nahamya has expunged seven affidavits filled by Otada Sam Amooti Owor’s lawyer, Asuman Nyonyintono to pin Taban Idi Amin, the Member of parliament for Kibanda north in Kiryandongo district and The Electoral Commission in support of Election petition that he filled after losing in 18th February 2016 parliamentary elections.
On Monday 04/07/2016, Justice Nahamya said that she was in cognizant of the parliamentary elections Act number 17 of 2005 and the rules made there under adding that, sections 15 of the parliamentary elections Act and rule 17 of the same made under the Act requires the general procedure to be followed in such a case.
She explained that, the procedure is that, the petitioner would lead his evidence and the respondent would cross examine and the petitioner may re-examine and the same goes for respondent’s evidence. The judge noted that, election petitions evidences are tried by way of affidavits but the law specifically mentions answers to the petition and in rule 13, the court is implored to involve expeditious hearing.
Nahamya agreed with Taban Idi Amin’s lawyer, Caleb Alaka to expunge the affidavits to which Otad’s lawyer, Asuman Nyonyintono alluded.
Earlier on, Alaka had also highlighted defectiveness of 8th affidavit deboned by Nyakai Charles. he identified the fact that, in Nyakai’s original affidavit, he did not mention that he is the one who took photos attached in support of the original affidavit which was a serious omission yet in his affidavit in rejoinder dated 10th June 2016 he introduces new circumstances and attached photos.
Alaka also pointed out that in rejoinder, the photos marked as NC6 were not dated, never included Taban Idi Amin, hardly had any human being around, does not show he was campaigning yet they were introduced to prove the case of bribery. He added that, photos were disjointed and captured a church and cars.
However; the petitioner’s counsel, Asuman Nyonyintono prayed that court allows photos in the interest of having justice.
Justice Nahamya stated that she was grately persuaded by Hon. Andrew Basaija’s ruling in the Mutebile case to the effect that an applicant is not permitted to introduce new piece in his affidavit in rejoinder. She also said that, in the time of submitting rejoinder, the plaintiffs can’t be allowed to submit new things in his plaint and that the original piece can’t be permitted to be altered under the guise of finding rejoinder.
Nahamya also said that, rejoinders can’t be permitted for introducing views which are not consistent with earlier pleas which are already in court.
After her ruling, both parties successfully made conferencing and Nyonyintono presented 11 affidavits including Otada Sam Amooti Owor as the petitioner and Alaka presented 6 affidavits including Taban Idi Amin as first respondent whereas Sebastian Orach, a lawyer representing EC commission presented two affidavits out of which one is a rejoinder for Agnes Nakalebwa.