By The Insight Post-Uganda
The High Court in Mukono on Friday dismissed the election petition filed by Ritah Nabadda, a concerned citizen in Kayunga challenging the victory of Idah Erios Nantaba as the district woman member of parliament.
The court presided over by Justice Collins Acellam dismissed the petition on grounds of incompetency, ordering and declaring Nantaba as the validly elected woman member of parliament for Kayunga district.
Nabadda who did not participate in the race but was dissatisfied with the election results of 2021 decided to petition the High Court accusing Nantaba of voter bribery.
As a result, on September 10th, 2021, Mukono High Court Judge Olive Kazaarwe Mukwaya dismissed Nabadda’s petition on grounds of incompetence and lack of the supportive 500 signatures from registered voters in the district.
She ordered Nabadda to pay costs of the suit to Nantaba, whose lawyers, Ambrose Tebyasa had raised preliminary objections to the application citing lack of valid signatures. Dissatisfied with the decision, Nabadda through her lawyers of Okalang Law Chambers appealed in the Court of Appeal in Kampala challenging Kazarwe’s decision.
She noted that the learned trial Judge erred in law when she determined matters of evidence by way of preliminary objection without subjecting the petition to a hearing thus occasioning a miscarriage of justice.
A panel of three Court of Appeal Justices comprising Geoffrey Kiryabwire, Stephen Musota and Christopher Gashirabake, set aside the decision by the Mukono High Court and ordered for a fresh retrial.
In the fresh trial, court has again concluded that the petition is not competent because it is not properly supported by the request signatures of 500 registered voters in Kayunga district as required by the law.
“Court has also taken into consideration that the fact that this petition is brought under section 60(2) which allows a registered voter in the constituency supported by 500 other voters to challenge the election of a member of parliament if they are not satisfied with the outcome of such an election or if they believe such a person was not vividly elected.” Justice Acellam indicates.
Another important ground raised by the petitioner was that Nantaba bribed voters by involving in the distribution of food and other items in the run-up to the general election at Kambatani village.
However, court has concluded that the petitioner failed to prove that the respondent committed the alleged acts or any electoral offences in connection to the elections of January 14, 2021. Hence, the court ruled that the petitioner is not entitled to the remedies claimed in the petition.
In her claims, Nabadda sought for an order that the election be set aside, and a new election be held and also costs be awarded to her. Also the Nantaba on the other hand denied the allegations of the petitioner and prayed the petition be dismissed with costs.
The trial judge, Justice Acellam has instead ruled that each party bears its own costs. “To condemn such voters to costs would only serve the purpose of discouraging such people from contesting an election even when they believe the elections were not conducted in compliance with the law.” Justice Acellam justifies the decision for no costs.
The respondent’s lawyer, Ambrose Tebyasa is happy with the court’s decision however remains aggrieved that his client has been denied costs yet she has been spending a lot of money on lawyers and in transport.
Phillip Kasinga, a lawyer from Okalang Law Chambers who has represented the petitioner has told this website that they respect the decision of the court but disagree with it.
They are planning to discuss with their client first to concede or appeal again.
This has been the last petition before court challenging Idah Nantaba before court since the elections in 2021.
Other two were filed Harriet Nakwadde and Jackline Birungi, now the RDC Buvuma but were all dismissed by court.
Nantaba stood on an independent ticket and defeated six other candidates after garnering 47,725 votes in the January 14th 2021 parliamentary elections.
Harriet Nakwedde of the National Unity Platform garnered 37,117 votes, Jackline Birungi Kobusingye, an independent candidate got 10,202 votes, Agatha Nalubwama of National Resistance Movement garnered 9,237 votes and Margaret Nabirye came fifth with 3,648 votes.
Others included, Brenda Nakaddu of Forum for Democratic Change who got 889 votes and Democratic Party candidate Lydia Wabuza who trailed with only 303 votes.
Meanwhile, the same court has asked for more time to finalize the judgment in the election petition filed by Wilson Male of the National Unity Platform challenging the victory of Fred Kayondo of Democratic Party as the duly elected Mukono South County Member of Parliament.
In October 2021, Mukono High Court Justice Olive Kazarwe Mukwaya dismissed the said petition on grounds that the Commissioner Of Oaths who signed on the said petition did not have a practising certificate, but, three justices of the Court of Appeal have overturned the High court decision and sent back the case file for retrial under a different judge.
Justice Acellam, the trial judge who took over the matter is yet to set a new date of determining the case.
English 