Ssekikubo was illegally gazetted, court tells EC

MASAKA. Masaka Chief Magistrate’s Court has ruled that Lwemiyaga County MP- elect Theodore Ssekikubo was illegally listed in the national gazette and ordered the Electoral Commission (EC)to withdraw his name.
“I am not sure whether the EC complied with the law because it was such a rigged process and a betrayal to the complainant,” Chief Magistrate Samuel Munobe ruled on Thursday.
He said gazetting Mr Ssekikubo was rushed because a petition by his rival Patrick Nkalubo challenging his election is still pending in court .

“The Electoral Commission should apologise for insulting the Judiciary for acting contrary to the Parliamentary Elections Act. It is a shame to the EC institution,” he said.
However, the magistrate dismissed an application by Mr Nkalubo accusing EC of unlawfully declaring Mr Ssekikubo as winner.
The magistrate’s ruling followed submissions by Counsel Esther Tayebwa and Tonny Okweny who represented Mr Nkalubo in the petition seeking to de-gazette Mr Ssekikubo. They had submitted that the decision made by the EC was illegal.

Mr Ssekikubo, who was absent in court, was represented by Counsel Caleb Alaka, who had asked court to dismiss the application for lack of merit.
Mr Alaka said it was erroneous for the Chief Magistrate to preside over the case after Mr Ssekikubo had been gazetted.
“It is only the High Court which can order for the removal of Mr Ssekikubo from the gazette. Whether he was wrongly gazetted is irrelevant before this court,” he said.

The votes
Mr Ssekikubo was declared winner with 9,272 votes, beating Mr Nkalubo, who garnered 8,074 votes.

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