Law firm disowns lawyer in Kibalama case

In a twist of events, Barungi Baingana and Company Advocates has distanced itself from a case in which two people petitioned the court, seeking deregistration of the National Unity Platform (NUP).

The party, formerly known as National Unity Reconciliation and Development Party (NURP), is now headed by Kyadondo East Member of Parliament Robert Kyagulanyi (Bobi Wine), under the new name of NUP.

In their letter to the civil court registry, dated September 28, 2020, the law firm claims it has never been part of the case as claimed by the two founder members of NUP, Moses Nkonge Kibalama, and Paul Ssimbwa Kagombe.

"This is to notify you that we did not have formal instructions to represent the respondents in the main application. Ahabwe James and Company Advocates are responsible and accountable for filing the said affidavits in reply to Kibalama and Kagombe," the letter reads.

The law firm also contends that they were neither part of the court proceedings of September 18 and September 25, 2020, as representatives of the defendants during a hearing that was presided over by Justice Musa Ssekaana.

In rebuttal, Byamukama, Kaboneke and Company Advocates, says a letter by Barungi Baingana and Company Advocates disassociating themselves from their clients after the hearing of the matter on September 25, is sensational and done in bad faith.

Byamukama, Kaboneke and Company Advocates represent the petitioners,  Difas Basile and Hassan Twala, who sued Kyagulanyi and other NUP members, claiming their party name was changed from NURP to NUP illegally.

Kyagulanyi was sued individually alongside NUP, Kibalama and Kagombe, David Lewis Rubongoya, Aisha Kabanda, Joel Ssenyonyi, Flavia Kalule Nabagabe, Fred Nyanzi Ssentamu, the Electoral Commission (EC) and the Attorney General.

The two petitioners are seeking deregistration of the party following its change of name and ownership. In a letter addressed to the same registry on September 29, Byamukama, Kaboneke and Company Advocates insist that Barungi Baingana and Company Advocates appeared for Kibalama and Kagombe. "Without any prejudice, Ronald Mugisha of the said law firm appeared and is on court record on September 15 as counsel for Kibalama and Kagombe.

The main cause was fixed for September 18, 2020 in his presence and with his participation," reads the letter. The law firm states that Barungi, Baingana and Company Advocates has never filed any notice of withdrawal of instructions in the matter. This comes a week after court heard the case and set October 16 as the date when it will pronounce its ruling on the matter.

According to EC, the nomination of candidates for parliamentary elections will be conducted on October 12 and 13, and yet court intends to deliver the ruling on the NUP case on October 16.

Speaking to the New Vision, lawyer Anthony Wameli for the respondents (Kyagulanyi and team) wondered why James Byamukama insists Barungi, Baingana and Company Advocates represented Kibalama and Kagombe.

"This tends to show that Byamukama was part and parcel of Kibalama's defence," he said.

The lawyer noted that while dismissing an application of temporal injunction, the judge asked Byamukama whether he took part in the contradicting affidavits and he denied. He said Mugisha, who represented Kibalama and Kagombe, was probably carrying out business in his capacity and not on behalf of the firm. Wameli adds that Kibalama and Kagombe could have been influenced to swear a second affidavit.

"This shows that the second affidavit sworn by Kibalama and Kagombe was an afterthought, after being subjected to duress," he said. 

KIBALAMA CROSS-EXAMINED

On Friday last week, under cross-examination by EC lawyer Eric Sabiti, Kibalama told court that he applied for a change of the party name using falsified resolutions and minutes arising out of a non-existent delegates' conference.

Kibalama told court that he filed the falsified resolution and minutes at the EC to have the party changed to NUP. "The resolution and minutes of the extraordinary delegates' conference at Kakiri on July 7, 2020, are not true as such, the meeting did not take place," he told court.

Kibalama added: "We had been given a timeline of submitting the party's records to EC to have the party name changed, that is why we falsified returns and handed it over to the public body."

Kibalama stated that nine people sat and decided to rubber stamp Kyagulanyi and other members as new office-bearers, after which signatures were collected from 41 people. "Did you know that giving false information is an offense because you are a retired senior Police officer?" Sabiiti asked, but Kibalama said he was not aware of it. 

FORMER POLICE OFFICER

 Kibalama revealed that he joined Police in 1974 and served the Milton Obote and Idi Amin regimes. He also complained of being sidelined from party leadership. "I brought new people in the party and we thought we would be assigned leadership positions, unfortunately, we were sidelined," he said.

Under cross-examination by NUP lawyer Medard Sseggona, Kibalama also dismissed allegations that he sold the party to Kyagulanyi and his team at $5m (sh8b).

Two weeks ago, Kibalama went missing, thus raising concern among NUP officials and family members. However, when he resurfaced, he (Kibalama) told court that he had been in Mbale under the protection of security.

But when he was asked whether he had applied for security, Kibalama said he had not. 

KAGOMBE'S TESTIMONY

Kagombe, the former NURP secretary-general and a telecom engineer told court that he was recruited by Kibalama to join the party. "I changed my statement after consulting other lawyers because I was not satisfied with what I had signed," he said, adding that he is now the administrative secretary of NUP party.