However, while appealing that decision, Nalukoola argues that the trial Judge erred both in law and fact. He contends that the finding that he campaigned on election day was incorrect, and that he was unjustly denied the right to cross-examine the 19 witnesses whose affidavits supported Nambi’s petition.
Speaking to the media on Tuesday evening in Kampala, Nambi noted that she invested significant time and resources in the petition, hiring a legal team led by Ahmed Kalule Mukasa, who argued the case alone. Nalukoola, she said, was represented by nine law firms but still lost the case.
Sabiiti explained that the procedure is clear: when the results are not found, the only option left is to declare the results based on the available information and that the law doesn't propose that the Returning Officer should run away.
On Wednesday, the court focused on cross-examining witnesses to establish the truth about what transpired. During questioning by Nalukoola’s lawyer, Alex Luganda, Mawumbe, who said he works as a painter and a potter on construction sites, faced tough interrogation over his claims.
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.
Muyizzi thus asked for stay of proceedings pending the decision and or the guidance of Court of Appeal so that the intended appeal against the ruling is not rendered nugatory and that they would suffer irreparable damages if not granted leave to appeal.
Addressing his supporters, Nalukoola criticized some of his rivals for deceiving voters with unrealistic promises. He said that some candidates are falsely assuring residents that they will clean homes, drainage channels, floods and constructing hospitals, which is not their responsibility and beyond their authority.
