The High Court in Kampala has dismissed Hon Erias Nalukoola Luyimbazi’s application seeking permission to appeal a decision that denied him the opportunity to cross-examine witnesses of his opponent Faridah Nambi of the ruling National Resistance Movement (NRM), in an ongoing election petition.
This legal battle stems from the March 13, 2025, by-election in which Nalukoola, representing the National Unity Platform (NUP), defeated Nambi with 17,764 votes to her 8,593. The NRM has since rejected the results, alleging widespread electoral malpractice, including ballot stuffing and voter intimidation.
Nalukoola’s lawyer, Samuel Muyizzi Mulindwa, made an oral application before Civil Division Judge Bernard Namanya, seeking leave to appeal the decision. Muyizzi argued that Nalukoola’s rights were being infringed upon and that it was improper for the judge to decide which witnesses could be cross-examined.
The presiding judge however ruled stating that one cannot appeal a case that has not been fully concluded. However, Nalukoola protested the ruling saying there is no reason why the witnesses should not be cross-examined at this point if the intention is to deliver justice to the voters in Kawempe North.
“I reject his ruling denying us an opportunity to put to task those witnesses to provide evidence so that justice prevails. We cannot hide our disappointment over this decision that denies is a chance to squeeze justice out of those liars” Nalukoola told journalists after the ruling was delivered.
In her petition, Nambi contested the outcome of the March by-election and wants the court to nullify Nalukoola’s victory and order fresh polls. She accuses her opponent of orchestrating voter bribery and chaos ahead of election day. However, Nalukoola insists that it is Nambi ‘s camp which was instead involved in voter bribery and intimidation of the voters.
“I can tell you that it’s not me who is on trial. The Court is on trial. It’s clear for everyone to see that we fairly won the election but Nambi now wants to steal our victory through frivolous petitions.” He added saying that he is not intimidated because the world is watching.