Mbabazi Rejects Judge In Petition

By Allan TuryagumaDefence minister Amama Mbabazi yesterday objected to Justice Egonda Ntende presiding over the election petition filed against him.Former Kinkizi west parliamentary candidate James Musinguzi Garuga seeks to nullify the election of Mbabazi as the area MP, saying he used unlawful means to win the polls.Mbabazi’s lawyer Dr. Joseph Byamugisha requested Ntende to disqualify himself from hearing the petition, saying his impartiality was suspect.Byamugisha told the High Court in Mbarara that he had ever lost two cases before Ntende and that his client would not be comfortable with him (Ntende) presiding over the petition where he was again the lead counsel.“I have discussed this matter with my client and he fears that what once befell me may be visited upon him because of his connection with me as his lead counsel. I must add also my lord, that he is my relative,” he said.Byamugisha quoted rule seven of the 1989 code of conduct for judges, magistrate and other judicial officers which says a judge or magistrate may disqualify himself in a matter or proceeding in which his impartiality might reasonably be questioned.Deus Byamugisha, who represents the electoral commission as the second respondent in the case seconded Byamugisha, saying there should not be room for doubt in a petition.But Muhammad Mbabazi one of the nine lawyers representing Musinguzi objected to Mbabazi’s application. He said his lawyer failed to prove Ntende’s partiality.Ends