More poll petitions withdrawn

The hearing of the delayed parliamentary and local council election petitions yesterday entered the second week with a number of election petitions being withdrawn as below;

At Lira High Court

The High Court sitting in Lira yesterday upheld the victory of Lira District Woman MP Linda Agnes Auma.

Ms Auma’s January 14, victory had been challenged by Bony Aliro (National Resistance Movement) for not having been dully nominated among other electoral laws.

But Justice Emmy Mugabo ruled  that there was non-disclosure of the voters’ national identity numbers, hence it was hard to know that they were registered voters from Lira City

“Therefore, this petition is not properly before this court. The petitioner (Mr Aliro) and the supporters have not produced any single evidence to show that they are registered voters of Lira constituency as required by Parliamentary Elections Act,” ruled Justice Mugabo.

He added: “For that reason, the petition is accordingly dismissed. For the position in regards to costs, I find no justifiable reasons not to grant all successful parties costs. For that reason, I award cost to the first (Ms Auma) and the second respondent (Electoral Commission),” he ruled.

Shortly after the ruling, MP Auma, who contested as an Independent, welcomed the dismissal before saying her lawyers would go after her rival for costs.

“When you have a bad heart, God can confuse you. They put national ID numbers instead of voter numbers but the law took its course, ” MP Auma said.

On the other hand, Mr Aliro described the ruling as ‘surprising’.

“I am surprised because I presented all the required evidence. Maybe I will sit with my lawyers for the way forward,” he said.

 At Masaka High Court

Joseph Balikudembe, who has been contesting the victory of Lwengo District chairperson, Ibrahim Kitata, yesterday withdrew his petition.

National Unity Platform party’s Balikudembe had dragged the Electoral Commission and the Lwengo District chairperson to court, claiming that Mr Kitata’s election  was full of irregularities.

But when the petition came up for hearing yesterday before presiding judge, Esta Nambayo, EC lawyer, Mr Eric Sabiiti, informed court that as parties, they had agreed that the petitioner, withdraws the petition for the good of the district.

Sabiiti also told the court that they had agreed that all parties would meet their own costs, which the presiding judge agreed to and dismissed the petition.

Mr Balikudembe shortly after the court session  told reporters that he lost track of his key evidence.

“Someone incidentally, stole all the affidavits from my petition and it could be hard for me to present my case successfully without some of these key affidavits. I decided to withdraw the petition to avoid the problem of paying costs to respondents in case I lost the case,” Mr Balikudembe said

Still from Masaka High Court, Justice Ketra Katunguka yesterday set October 15 to deliver her ruling in the election petition in which former Bukomansimbi North constituency legislator Ruth Katushabe is challenging the victory of Christine Ndagire Ndiwalana as the area MP.

Ms Katushabe is, among others, seeking court’s orders to declare her the winner of the January 14 polls on grounds that Ms Ndagire lacks academic qualifications.

At Masindi Court

On Monday, Mr Wilson Isingoma Mugimba withdrew the election petition against Cosmas Byaruhanga (NRM), the incumbent  district chairperson.

Justice Alex Ajiji Mackay accordingly dismissed the petition before directing Mugimba to meet his opponent’s costs.

Mr Mugimba had argued that his opponent had been wrongly declared flag bearer for the ruling NRM for Masindi District chairperson.

In Kampala

Court admitted new evidence intended to bolster Ms Euginia Nassolo’s case, challenging the election of RSubaga South MP Aloysious Mukasa.

The additional evidence is contained in five affidavits supporting Nassolo’s earlier petition in which she questions the requisite academic qualifications of the area legislator.

Ms Nassolo claims that MP Mukasa only sat for one subject;  Fine-Art at  A-Level from  Maryland High School in Entebbe  from which he scored  a credit.

She adds that Mr Mukasa was admitted at Ndejje University where he obtained an advanced certificate in business administration of 2008.

To that effect, Ms Nassolo argues that MP Mukasa lacks the required academic qualifications of Senior Six  or its equivalent to contest as MP.

Presiding Judge Winfred Nabisinde ordered that the new evidence be served to Mr Mukasa’s lawyers and the Electoral Commission before their next appearance on August 30.

Ms Nassolo wants court to, among others, declare her as the duly elected MP for Rubaga South Constituency having been a second runner- up of the January 14 parliamentary polls.

Still at Kampala High Court, the petition filed against the victory of Nansana Municipality MP Hannington Musoke Nsereko Wakayima resumed yesterday with the presiding Judge, Henrietta, asking parties involved to file their written submissions that she will base on to deliver her ruling on notice.

Wakayima’s victory is being contested by Hamis Musoke Walusimbi.

Compiled By Isaac Otwii, Lydia Felly Akullu, Al Mahdi Ssenkabirwa, Fahad Jjingo, Brian Admas Kesiime, Eve Muganga, Ismail Bategeka, Juliet Kigongo & Anthony Wesaka