The legal team of Mbale City Woman Member of Parliament Connie Nakayenze Ggaliwango has requested the court to throw out the affidavits of Lydia Wanyoto Mutende’s three witnesses who refused to appear for cross-examination.
Wanyoto’s lawyer, Swabur Marzuk, informed the High Court, presided over by Justice Andrew Bashaija, on Friday that the three, Haruna Wamboya, Ivan Nambale, and Doreen Wanyeze, had failed to appear.
During Wanyoto’s cross-examination on Wednesday, Justice Andrew Bashaija directed both sides’ counsel to bring their witnesses to court on Friday for cross-examination.
Only six of the nine people who signed affidavits in favor of the petitioner showed up on Friday, according to Nakayenze’s lawyers and those of the Electoral Commission.
Marzuk informed the court that the summons to attend had been issued on the witnesses on Friday, but that they had signaled to him via WhatsApp that they were no longer interested in testifying in the case.
He further revealed that when he served the summons on the witnesses, they became hostile and stated that they would not appear in court.
As a result, Nakayenze’s lead lawyer, Medard Lubega Ssegona, requested that the three witnesses’ affidavits be struck from the court records.
Justice Bashaija stated that he will rule on whether or not the affidavits of the three witnesses should be struck out at the next court session.
Wanyoto went to the high court, charging Nakayenze of voter bribery, ballot stuffing, and tampering with the final results of the Parliamentary elections on January 14th, 2021.
Nakayenze defeated Wanyoto with a total of 40,500 votes to Wanyoto’s 25,700. The case will be heard in court again on Tuesday next week, with more witnesses being cross-examined.