Kawempe North Member of Parliament Elias Nalukoola Luyimbazi’s legal team has asked the High court to dismiss claims and retractions made by Faridah Nambi alleging that the three witnesses who initially supported her affidavits were bribed by Nalukoola and retracted their support in favour of him.

Nalukoola’s lawyers, led by Alex Luganda, told the High Court that Nambi’s claims about the tampering of witnesses are unfounded, arguing that witnesses are not recanting because they never swore in those affidavits.

Luganda further added that Nambi wants to condemn witnesses without hearing their side of the story, adding that all affidavits are recanting and that one of the witnesses, Ben Lutale, was not even a witness for Nambi. That the rule invoked by Nambi’s lawyers, Rule 19 of the Advocates Professional Code, prohibits coercion, enticement, tampering, inducement and bribery of advocates. adding that Ugandan laws do not express the concept of recanting witnesses and that matter should better be handled through cross-examination but further asserted that the Supreme Court decision emphasised the importance of assessing whether the initial affidavits were properly obtained.

Ahmed Kalule, who leads Nambi’s lawyers, argued that the Supreme Court never addressed the issue of recanting, nor did it interpret Rule 19 of the Advocates Professional Conduct Regulations, saying that Court of Appeal decisions are more relevant in this case because of the doctrine of concurrent jurisdiction, where the Court of Appeal is the final court for election petitions.

He added that Nalukoola’s lawyers violated the Court of Appeal precedents where he cited Betty Nambooze’s case and MP Brandon Kintu, saying that these precedents show how the second set of affidavits should be struck. Two affidavits from the same witness appearing on record are a fact, and it is also a fact that Nalukoola’s lawyers helped the witness to translate the affidavits.

Court president over by Justice Benard Namanya heard the arguments from both sides and is expected to deliver a ruling on whether Nalukoola’s defence will be nullified or upheld for continuation of the election petition.

The Electoral Commission declared Nalukoola Luyimbazi of the National Unity Platform the overall winner of the Kawempe North by-election with 17939 votes against Faridah Nambi of the National Resistance Movement, who gathered 9058 votes and petitioned High court seeking fresh elections on claims of bribery and irregularities

Justice Benard Namanya has set the 9th of May, 2025, for the next hearing of the case.