The High Court in Masaka has allowed the withdrawal of an election petition challenging the re-election of Buyamba County Member of Parliament Gyaviira Ssemwanga.
Justice Bernard Namanya approved an application filed by former parliamentary candidate Amos Mandela, who had contested Ssemwanga’s victory in the January 15 general elections.
Mandela, through his lawyer Sheem Ssengendo, asked the court to permit him to discontinue the petition. The application was supported by an affidavit in which Mandela stated that he had reconsidered his decision to continue with the case.
According to the affidavit, Mandela said he had voluntarily decided to withdraw the petition in the interest of maintaining unity within the National Resistance Movement (NRM) and allowing the elected MP to serve his term without interruption.
He also said the decision was intended to promote effective service delivery in the constituency.
Pius Kabiswa Kiryowa, who represented the Electoral Commission, informed the court that he had no objection to the withdrawal application.
Ssemwanga’s lawyer, Jude Byamukama, also did not oppose the application, paving the way for the court to determine the matter.
In his ruling, Justice Namanya said the court could not continue hearing a petition after the person who had lodged it had formally indicated that he no longer wished to pursue it.
The judge consequently allowed Mandela to withdraw the petition and ordered each party to meet its own legal costs.
The withdrawal brings the challenge against Ssemwanga’s election to an end, leaving his re-election for a second term in Parliament unchallenged in the case.
Mandela, who stood as an independent candidate in Buyamba County, Rakai District, finished second to Ssemwanga of the NRM.
Ssemwanga was declared the winner after securing 21,327 votes, while Mandela polled 16,900 votes.
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