Despite having obtained partial judicial reprieve in respect to a case involving ‘faceless’ Facebook user Tom Voltaire Okwalinga (TVO), city lawyer Fred Muwema has once again taken on the giant social media platform, seeking relief against ‘the refusal of an interlocutory order’.

In an appeal filed by his lawyers, Ms Lavelle Solicitors of St. James House Adelaide House, Dublin, on February 27, Mr Muwema seeks to appeal the decisions of Mr Justice Donald Binchy, made on August 23, 2016 and February 8, 2017.

In the ruling, Mr Muwema argues, he was not granted the relief sought in his Notice of Motion of May 25, 2016, seeking a ‘Disclosure Order’ (Norwich Pharmacal) against Facebook, to know the identity of TVO, and also to stop publishing his posts.

‘The Learned Judge erred in law or in a mixed question of law and fact in finding that the appellant was not in the circumstances of the case, entitled to a Disclosure Order (Norwich Pharmacal) relief in the circumstances where the Learned High Court Judge found that the posts and or articles of Tom Voltaire Okwalinga (‘TVO’) posted between 17^th and 24^th March were defamatory to the Appellant,’ Muwema’s lawyers wrote in the Expedited Appeal that also has 14 other grounds of appeal against Facebook Ireland Limited.

In the appeal Muwema wants court to set aside the ‘refusal’ of Mr Justice Binchy ‘of the reliefs sought by the Appellants at paragraph 4 of Notice of Motion dated 25^th May, 2016 and a finding in lieu thereof that the Respondent provide the Appellant with any details which it holds relating to the identities and or vocation of the person or persons who operate the Tom Voltaire Okwalinga Facebook page,’ the lawyers add.

The lawyers also want Facebook to pay costs to Muwema, for the suits in the High Court and Appeal Court, ‘with regard to the Disclosure Order’.

BACKGROUND

On February 8 this year the High Court in Ireland ordered anonymous Facebook user Tom Voltaire Okwalinga aka TVO, to pull down Facebook posts he put up disparaging Muwema.

In TVO’s post, he indicated that in the period before the presidential elections in February 2016 Muwema, who was counsel for former presidential candidate John Patrick Amama Mbabazi,  had broken into his own offices and caused the disappearance of several affidavits sworn to support Mr. Mbabazi’s presidential petition, lodged against declared winner President Yoweri Museveni.

After losing the elections Mr. Mbabazi lodged a petition in the Supreme Court challenging Mr Museveni’s victory, but this was after Muwema had withdrawn from representing Mr Mbabazi.

In the ensuing debacle counsel Muwema asked Facebook to reveal to him the identity of TVO in order to ensure his public stature (Norwich Pharmacal Order) and also have the offensive post put down; kicking of the protracted legal battle.

And, Mr Justice Donald Binchy, ruled that TVO delete his posts, giving the anonymous ‘poster’ 14 days in which to effect the court decision.

This has not been done, prompting Muwema to appeal, and the case will be heard on March 31, 2017.

Stories Continues after ad

Members of Parliament have snubbed Forum for Democratic Change strongwoman Ingrid Turinawe, with one MP taking a microphone away from her. Ms Turinawe, who said she would ‘advocate for the minority in this country’ was booed by the MPs, some of who carried placards denouncing her candidature and ‘behavior’. They also recited stanzas denigrating her.

Ever since she joined the race for EALA, Ms Turinawe has not found the going easy, with the FDC withdrawing her candidature last Friday. She however insisted on participating in the race, buoyed by a letter from the Clerk to Parliament Jane Kibirige, who said her withdrawal was not in consonance with the Parliament’s rules of procedure.

There are 47 people vying for the nine slots at the regional Parliament in Arusha; the National Resistance Movement (NRM) has already chosen its six representatives, leaving the other parties with representation in Parliament and Independents to struggle for the remaining three slots.

Stories Continues after ad

The Forum for Democratic Change (FDC) is embroiled in a wrangle over the election of its candidate to the East African Legislative Assembly (EALA), due tomorrow.

The development follows the show of interest by Florence Ibi Ekwau and the FDC’s Secretary for Mobilisation Ingrid Turinawe Kamateneti, the former who has been preferred by the party. However, Turinawe, despite conceding defeat to Ms Ekwau, has vowed to continue with her quest for the EALA job.

According to Turinawe, they both belong to FDC and ‘no new guidelines have been issued’ that can stop her candidature.

However, last week FDC president Major General Mugisha Muntu wrote to the Clerk to Parliament Jane Kibirige, withdrawing Turinawe’s name, in the process throwing a spanner in the wheels.

Meanwhile, some unknown people have thrown a head of a pig near the entrance to the FDC headquarters in Najjanankumbi.

Stories Continues after ad

On several occasions former FDC presidential candidate, Kiiza Besigye had vowed never to turn up at Nakawa magistrate’s court but would surprisingly show up, prompting the State prosecutor Rachael Nabwire to ask for criminal summons against him..

But that was then. Today, Dr. Besigye, who is facing treason charges, was nowhere to be seen when court convened for a mention of his case.

The case against Dr. Besigye has been ongoing for the last eight months though he was yet to be committed to the High Court, an act he protested during his last appearance in court.

At the time Dr. Besigye told the trial magistrate Noah Sajjabi that he was not returning to Nakawa magistrate’s court since it had no jurisdiction to hear his case.

But today Sajjabi summoned Dr. Besigye to appear before the court on March 27, without fail.

Dr. Besigye is currently in The Netherlands where he travelled last week for a convention.

Stories Continues after ad

National Resistance Movement historical member Jack Maumbe Mukhwana is dead.

Mukhwana was the first Deputy Minister of Information in the Museveni regime of 1986, and is most remembered for helping guerilla leader Yoweri Museveni and his agents in Mbale in the early 1970s.

In fact President Museveni survived arrest while at his home in Malukhu estates, and at the time Museveni’s colleague Mwesigwa Black was arrested and killed.

Stories Continues after ad