Court of appeal is yet to set date for determining election petition appeal for Mukono South Member of Parliament.
Male Willison, who contested for the position of Mukono South Member of Parliament under the National Unity Platform appealed challenging the whole judgement of Lady Justice Kazaarwe Mukwaya of dismissing his petition filed challenging the nomination of Mukono South County MP Fred Kayondo and the Electoral Commission.
The case has appeared today Thursday for hearing before the three court of appeal judges; Justice Irene Mulyagonja, Catharine Bamugemereire and Richard Butera.
The three judges have considered the submission from both parties before adjourning the matter until the new date for the adjudication shall be set.
Male appealed on seven grounds saying that the learned trial judge erred in law and fact when she held that his petition was incompetent and incurably defective.
He accuses her for ignoring to follow the decisions of supreme court and court of appeal which where binding on her, overlooking and condoning the respondent binding decision as well as ignoring the litigant’s submission.
In the petition, asked Mukono High Court to declare Kayondo’s nomination invalid for not possessing minimum number of registered voters supporting his candidature as required by law.
He also raised a ground that, Kayondo stated that his political party was Democratic party, with a hoe as its designated symbol but published campaign posters with NUP symbol of People Power.
He accused Kayondo of bribery and instructing his agents to deface the opponent’s posters.
Male also faulted the Electoral Commission-EC for failing to verify the signatures of the registered voters and controlling the illegal activities of the police and army that hindered him from campaigning.
However, during the case scheduling, EC’s lawyer Hamidu Lugoloobi raised preliminary objection saying the entire petition was incompetent. He established before court that the advocate Fabian Aogon who commissioned the affidavits in support of the petitioner and his six witnesses had no valid practicing certificate.
Lady Justice Mukwaya directed that the preliminary objection be framed as the first issue for the court to determine. In her ruling sent via email, she upheld the objection before dismissing the petition.
According to her, it is only magistrates with powers and duties of commissioner of oaths who are not constrained by the rigours of annual renewals of practicing certificates as advocates doubling as commissioners for oaths.
“This left the Petitioner with no petition, no affidavits and no complaints for this court to determine,” Lady Justice Mukwaya ruled. “This finding renders all other preliminary objections and issues moot. In conclusion, I uphold the preliminary objection. The petition as presented before this court is incompetent and incurably defective and it is hereby struck out with costs to the respondents.”.
English 