Two days after court’s ruling that substantiated the existence of the National Unity Platform (NUP), renowned city lawyer Hassan Male Mabirizi has come out to express apprehension over court’s decison.
It is understood that Robert Kyagulanyi Sentamu aka Bobi Wine’s was, in August this year, dragged to court regarding the ownership and registration of the newly formed party, NUP, which the plaintiffs said was illegal.
Before the extraordinary conference that was held on July 14, 2020, the party was known as National Unity and Reconciliation and Development Party (NURP).
The four plaintiffs who include; Basile Difasi, Twala Hassan, Nkonge Moses Kibalama, Ssimbwa Paul Kagombe also raised an alarm in the courts of judicature about change of the Party’s colors and Kyagulanyi’s Presidential Candidacy.
However, after Wednesday’s court ruling that trashed all the allegations, Mabirizi has come out to say that the jury gravely erred by considering technicalities rather than substance of the case during. He made the remarks while appearing on Radio One’s ‘Spectrum’ talk show on Thursday.
“These people challenged your assembly of July 14, 2020, the suit was brought on August 24, 2020, after 44 days. The judge never determined that, was that also out of time?” Mabirizi posed.
“What was hard for judge Sekaana to say, ‘anyway this thing of assembly was within time, let me look into it?” he added.
Other than that, Mabirizi also noted that some procedural issues were flouted during the prosecution citing the sudden change of Kibalama into a plaintiff yet he was not among those who sued NUP in the first instance.
“The judge is saying that because Kibalama came here and gave evidence against Kyagulanyi and group, he crossed over. This is my first time to hear that the party can cross over by implication,” he observed.
As a law abiding citizen, he said, there was reason to worry about the ambiguities therein considering the fact that they might form the basis of post-2021 election litigation.
Non committal, he hinted that he might be sucked into the fray and challenge court’s decision.
“The door is not closed, we are watching it, personally I cannot sleep. Of course I have very many options, I can go to the East African Court and say look at what Uganda is doing. It is throwing out people’s complaints basing on flimsy things,” he hinted.
Over the years, Mabirizi has gained prominence from suing revered personalities such as Buganda King Ronald Muwenda Mutebi II, East African Community Secretary Liberat Mfumumeko and the Ugandan Government.
Speaking with brazen assurance, NUP’s lawyer Anthony Wameli affirmed that nothing was done to the contrary.
“The judge, in our submissions in reply to submissions of the applicants and also in our affidavits in reply, we raised what we call preliminary points of law to show that this case was handled before the court,” Wameli disclosed.
“And was barred, especially; as regards the procedure, the locus of other applicants and other preliminary aspects of the case. And that is one of the points that the judge based on to dismiss the case on technicalities,” he stated further.
Wameli then aimed a jibe at his counterpart’s litigious attitude saying “Mr Male Mabirizi wants to practice the law but doesn’t have rules of the practice. That is a problem, because you will jump at everything that comes if you are not guided by the rules of justice.”