Africa-Press – Uganda. The court on Friday dismissed the election petition that was filed against the incumbent MP for Nebbi Municipality, Mr Hashim Suleiman (NRM).
Mr Robert Onega (FDC) who came second in the 2021 polls, petitioned Arua High Court seeking nullification of Hashim’s victory on grounds that he lacked requisite academic qualifications.
During the hearing, Mr Gerald Padoko, the petitioner’s lawyer, argued that Hashim was not duly nominated because the High Court in 2018 found out that he did not have the requisite qualifications and that the Court of Appeal had not disposed-off the case.
“At the time of nomination and election, the case at Appellant Court was not disposed-off. So his election was null and void. The Appellant Court made the decision way after elections were held and when we had already filed this petition and after the elections and both respondents (Electoral Commission and Hashim) had made responses,” he said.
The appellant court on June 8, 2021, ruled in favour of Hashim concurring that he had the requisite academic qualification. This offered a ground for Hashim to win the petition.
In his ruling on Friday, the presiding judge, Justice Boniface Wamala, said: “The same issue cannot be in litigation again because it was already dealt with in Court of Appeal, which by law is the highest and competent court to hear the Electoral petitions. Such a matter of trying the same case, cannot be entertained by the court.”
He added: “The petition is therefore dismissed and the petitioner should meet half the costs for both Electoral Commission and Hashim. I so order.”
Reacting to the ruling, Mr Robert Onega, blamed the Court of Appeal for deliberately delaying to pass their judgment.
“It was very unfair for the court to delay to pass the judgment and this affected our case today. The struggle we are pushing for will one time materialise and this will come from the electorates,” he said.
Hashim said: “This is not my victory, it is for the people of Nebbi. The dismissal of the case now shows the world that I have the necessary academic qualifications and people should stop a smear campaign that I did not study,” he said.
[email protected]
