By Johannah Nantongo
Masaka High Court has set October 7 to give a ruling on whether lawyer Jet Tumwebaze will be allowed to represent himself in an election petition in which he challenges the victory of Aine Godfrey Kaguta Sodo as Mawogola North Constituency MP.
Appearing before Justice Thomas Ochaya on Tuesday at Masaka High Court, the respondent’s lawyer Robert Rutaro (Jet Tumwebaze) asked the court to dismiss the application by Sodo’s lawyer blocking Tumwebaze from being part of the legal team to represent him in the court.
Rutaro said that their client Tumwebaze has a right to practice his profession as a lawyer , saying denying him the opportunity to be part of his legal team would be depriving him of his right to self-representation.
Tumwebaze told the court that disqualifying him from representing himself was unconstitutional .
“Denying me my constitutional right will be an anomaly and I pray that this honourable court doesn’t make such a mistake ,” he said
However, the applicants’ attorneys led by Anthony Bazira told court that the application before court is a highly charged political case that does not only have the petitioner’ s interests ,but other parties interests ,saying that the appearance of a respondent (Tumwebaze) as a witness and at the same time an advocate will be confusing and will cast a doubt on the court process.
Justice Ochaya adjourned the matter to October 7, when he is expected to deliver the ruling on the matter .
In a related development, the same court set October 12 to start full hearing the election petition.
In his suit , Tumwebaze wants the court to nullify Sodo’s victory, saying the election was marred by irregularities ranging from voter bribery and vote rigging .He also contests Sodo’s academic qualifications, among other issues.
Speaking to Journalists after the court session , Tumwebaze said lawyers don’t retire until they die, adding that it is the reason he has put up a spirited fight to ensure that he is part of his legal team .
“The application may imply that doctors can’t prescribe medicine for their children and surveyors can’t survey their land; that will be infringing on people’s rights to practice their professions”. He added.
According to Electoral Commission results from the January 15 Mawogola North parliamentary race Sodo ,a younger brother of President Museveni garnered 15,923 votes , Tumwebaze –Independent ( 6,955 votes) , Angella Kigonya –Democratic Party ( 274 votes) , Francis Kigongo- Forum For Democratic Change ( 112 votes) , Moses Lyazi- People’s Front for Freedom ( 74 votes) , Idd Ssemate –National Unity Platform ( 294 votes).