High Court Reserves Ruling on Lawyer's Right to Self-Represent in Election Petition

The High Court in Masaka is set to rule on October 7 regarding lawyer Jet Tumwebaze’s request to represent himself in an election petition. Tumwebaze is challenging the victory of Aine Godfrey Kaguta, also known as Sodo, for the Mawogola North parliamentary seat.

During a hearing before Justice Thomas Ochaya, Tumwebaze’s legal counsel, Robert Rutaro, urged the court to dismiss an application by Sodo’s lawyers attempting to prevent Tumwebaze from being part of his own defense. Rutaro asserted that as a practicing lawyer, Tumwebaze has a constitutional right to self-representation.

Tumwebaze himself addressed the court, warning that barring him would establish a problematic precedent. “Denying me my constitutional right will be an anomaly, and I pray that this honourable court doesn’t make such a mistake,” he stated.

Conversely, Sodo’s legal team, led by Anthony Bazira, argued that Tumwebaze should be disqualified from acting as counsel. They contend that in a politically sensitive case, having a respondent also serve as a key witness and advocate could lead to conflicts of interest, confusion, and erode public trust.

Justice Ochaya has adjourned the matter, with the main election petition hearing scheduled to begin on October 12. Tumwebaze’s petition alleges irregularities, including bribery and vote rigging, during the January polls, and also questions Kaguta’s academic credentials.

Speaking to journalists, Tumwebaze drew parallels to other professions, stating, “Lawyers don’t retire until they die.” He argued that preventing him from participating in his own defense would be akin to disallowing doctors from treating their families or surveyors from surveying their own land.

According to Electoral Commission results, Kaguta, President Museveni’s brother, won the election with 15,923 votes, while Tumwebaze secured 6,955 votes. Other candidates received significantly fewer votes.

Source: Daily Monitor (Uganda)