Former Kampala Central Parliamentary candidate Fred Nyanzi has said sometimes courts in Uganda are managed by cadres, conmen and opportunistic judges who follow orders from different authorities instead of determining justice in its truthiness.
During an interview with CBS FM on Wednesday, Nyanzi, a member of National Unity Platform (NUP) said court lied that he failed to duly serve his political nemesis Muhammad Nsereko. He said he did so using different platforms and that he was sure Nsereko received the summons.
“That’s not true that we did not give Nsereko the summons. Uganda’s courts at times are managed by cadres, conmen and opportunistic judges, therefore, expect such rulings. We gave him the summons clearly. At first, he ran out of the country for over three weeks and he came back when the period to serve him was over,”Nyanzi noted.
“We went and applied for substitution service so that we can serve him through new papers or write on the notice board but the court refused. We then went to immigration to get his travel details six times, still, we were denied that opportunity. And when he came back we served him.”
He added that since Nsereko belongs to the ruling side, he used the state to frustrate the court process.
Nyanzi also explained that when Nsereko came back from abroad he decided to lock himself in his fence and there was no way to serve him however they used WhatsApp messenger to send him the summon but the court did not consider it yet the law allows it.
“We were not given time to speak during the ruling because the court was under siege, currently the problem we have is that judges are no longer independent especially if the state has an interest in the case. Therefore expect no justice without struggle but that one will not hinder us from going to Court of Appeal.”
On Nsereko’s claims that Nyanzi must pay him for wasting his time, Nyanzi said; “That one is not a problem to me, we have lost many people, others are now permanently crippled, others are still incarcerated all by the state and then you talk about paying money, that is not a problem to me.”
Nyanzi’s remarks follow last week’s High Court ruling where Justice Margaret Apiny dismissed his petition in which he was challenging Nsereko’s election victory in the last January 14 polls.
While making her ruling Justice Apiny said the second respondent (Nsereko) was not duly served with the petition as required by the law.
“The attempts to serve the third respondent at parliament, Chief Magistrates Court in Mengo, his Bugoloobi residence with success and the transmission of the documents on What’s App did not amount to personal service envisioned under rule6(3) of the Parliamentary Election (Election petitions) Rules. It is therefore my finding that personal service was not effected upon the third respondent as directed by the court order. In the instant case, the service that was expected of the petitioner (Nyanzi) was by effecting serving upon the third respondent personally and not place it in a conspicuous place as was done by depositing the notice of presentation of the petition at the gate,” Justice Apiny said.
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