Lawyers representing President Yoweri Museveni (the first respondent) in the election petition challenging his victory before the Supreme Court have come out to dispel allegations that the petitioner Hon Robert Kyagulanyi Ssentamu (Bobi Wine’s) had his affidavits rejected by the court.
Counsel Esau Isingoma of Messers K&K Advocates, revealed yesterday that Bobi Wine’s lawyers submitted only 7 copies of the affidavits to the court.
In the last Court session, Esau noted that Court allowed Bobi Wine to file his affidavits, and also serve the respondents (Museveni, the Attorney General and the Electoral Commission) with copies to file their responses).
The Court had given Bobi Wine up to 5pm of Sunday February 14, 2021 to file all his evidence.
The Court set up a desk at the Supreme Court and directed each party to have a representative to receive all the documents as soon as they are filed.
However, Bobi Wine has accused the Court of rejecting more than 100 copies of his Affidavits.
In an affidavit seen by ChimpReports, sworn by Esau Isingoma of Messers K&K Advocates, he argues that at about 4pm of Sunday 14, Mr Richard Padoko, an advocate practicing with Lukwago & Company Advocates that is representing Bobi Wine in the case, “came to Court without any Affidavits but informed me that the Affidavits were on their way to Court.”
“At about 4:50pm, two other gentlemen came to Court with 7 copies of one bound volume of affidavits titled ‘volume 2: [Affidavits].’ The registry staff received and verified before the documents presented in my presence and pointed out to Mr Padoko and his colleagues that the 7 copies were fewer than the number required by Court,” said Isingoma in his sworn affidavit,” said Isingoma in his sworn affidavit.
He added that Anthony Wameli, another lawyer representing Bobi Wine arrived at Court premises and joined his colleagues “in explaining failure to file the required number of copies.”
“From my observation, he (Anthony Wameli) did not have any additional Affidavits on him and neither did he have on him, the extra copies required by Court,” Isingoma said.
The Registrar, he said, allowed the petitioner to file fewer copies (7 in number) of affidavits on understanding that the petitioner would bring the additional copies of same volume later.
“It is not true as alleged in paragraph 24 of the affidavit of Kyagulanyi Robert Ssentamu (Bobi Wine) and paragraph 2 and 3 of the affidavit of Wameli Anthony Yeboah that the petitioner’s advocates were at Court by 5:00pm with 100 copies of affidavits bound together in 5 volumes,” said Isingoma in his sworn statement.
He added, “It is also not true as alleged in paragraph 25 of the affidavit of Kyagulanyi Robert Ssentamu and paragraph 4 and 5 of the affidavit of Wameli Anthony that the Registrar stopped the clerks from receiving any more documents at 5:00pm leaving petitioner’s counsel with 93 copies in received containing over 200 Affidavits.”