The Court of Appeal yesterday shuttered Nabakooba’s hope to reclaim the seat from the opposition National Unity Platform’s (NUP) Joyce Bagala, before the next electoral cycle.
The appellate court overturned the High Court judgment in which Justice Emmanuel Baguma had ordered a byelection. Justices Geoffrey Kiryabwire, Stephen Musota, and Christopher Madrama
ruled that Bagala’s appeal succeeded while Nabakooba’s cross[1]appeal lacked merit.
“The upshot of this case is that the cross-appeal fails and the appellant (Bagala) having succeeded in her grounds of appeal, this court hereby sets aside the lower court judgment and the appellant is, therefore, the validly elected Mityana Woman MP,” justice Kiryabwire said.
Immediately after the judgment, a visibly dejected Nabakooba declined to comment on the matter, saying she had not yet perused the judgment.
The jovial Bagala, a former journalist, commended the Court of Appeal for according her justice and promised to work for her electorate. Chrysostom Katumba of Lukwago and Company Advocates, who represented Bagala, said he was sure victory was on their side judging from the pleadings tabled in court.
Overturned judgment Justice Baguma had ruled that there was credible evidence of multiple voting during the elections, which affected the results in a substantial manner
“Court finds that there were acts of non-compliance in different polling stations in particular, at King Faisal (ND-Z), Kiyinda A (A-M), Kiganwa Primary School, Kawoko Playground, Mityana ‘A’ Kanamba, Busimbi Gombolola area (A Nak), Nandegejja, Primary School, Comprehensive S.S Campus, Kiyinda B (Nak z), Busimbi Railway (A-M) and Busimbi/ Kasimbi (AM) at Merryland Polling stations, which stood out in non-compliance,” Baguma ruled that Bagala, through her agents, with her knowledge and consent or approval, committed the electoral offense of bribery.
Bagala polled 64,305 votes against Nabakooba’s 48,078. Court orders retrial for Nsereko petition Meanwhile, the same justices have ordered the retrial of the election petition against Kampala Central MP Muhammad Nsereko.
This was after the court allowed the appeal by NUP’s Fred Nyanzi. The justices found that the trial judge erred in law and fact when she dismissed the case on a technicality of non-service, yet Nyanzi demonstrated that he made attempts to serve Nsereko.
Nyanzi contends that after thorough computing of the results for all candidates, invalid votes, and unused ballot papers, he found out that a total of 2,577 votes were not reflected in the final tally.
Court records indicate that Nsereko polled 16,998, while Nyanzi emerged second with 15,975 votes. High Court Judge Margaret Apinyi had dismissed the case on grounds that Nyanzi had failed to prove that he served Nsereko with the notice of presentation of the petition as required by law.
So far, four MPs have been thrown out of Parliament by the Court of Appeal, which has the final say on parliamentary election petitions.
They are Kasese district Busongora South MP Gideon Mujungu Thembo, Bukimbiri County MP Eddie Kwizera, Gogonyo county MP Derrick Orone of the ruling NRM, and Forum for Democratic Change’s Moses Attan of Soroti city East
Source: New Vision