The Court of Appeal has received videos from Hamdan Ssemugooma the loser in the Kampala Central Division mayoral race showing his rival, Salim Uhuru allegedly distributing money to voters.
Ssemugooma is challenging Uhuru's victory on grounds of voter bribery, erroneous nomination having failed to present the required signatures supporting his candidature, forging of signatures to support his candidature and having polling stations in military barracks contrary to existing electoral laws.
Uhuru garnered 13,114 votes in the January 25th, 2021 elections against Ssemugooma’s 10,654.
However, his petition was dismissed by High Court Justice Isaac Muwata who ruled that Ssemugooma should have challenged Uhuru's nomination before polling day not after the election and that he didn't have affidavits to support his application.
The petitioner had filed 18 affidavits but upon scrutiny by Uhuru's lawyers, it was noted that he had introduced new claims not part of the election petition.
The Justice agreed with Uhuru's lawyers and hence ruled that the affidavits couldn't be admitted before court.
Unsatisfied with Justice Muwata's decision, Ssemugooma filed an appeal for which he appeared on Tuesday before a panel of three Justices; Egonda Ntende, Cheborion Barishaki and Eva Luswata Kawuma.
Through his lawyers led by Kenneth Paul Kakande, he asked the appellant court to order for a retrial for the case to be heard on its merit and not technicalities. Kakande told the court that in case the panel orders for a retrial, the video clips which have also been transcribed shall be used as evidence of bribery allegations.
However, Uhuru's lawyers led by Ambrose Tebyasa told the court that the said evidence, was not produced before High Court when the election petition was being heard, and hence cannot be introduced at an Appeal level.
The court shall deliver its judgement on a date to be communicated to the parties.
