URN.The Electoral Commission in January 2021 declared Omara of the ruling National Resistance Movement as the winner of Abim District LC5 Local Government elections with 14, 417 votes against his only challenger Johnny De West Ariko’s 4,809 votes.
The Court of Appeal has ordered a fresh hearing of the Abim District LCV election petition.
The Electoral Commission declared Omara Yuventine as the winner of Abim District LCV seat with 14, 417 votes against his rival Johnny De West Ariko who garnered 4,809 votes.
But Ariko petitioned the High Court in Soroti on grounds that Omara was not qualified for the position because he had not resigned from his employment in the Uganda People’s Defence Forces. Court heard that Omara was a serving a member of UPDF at the rank of Captain.
When the case came up for hearing, Omara’s lawyers told Court that Ariko had filed his case under the wrong provisions of the Parliamentary Elections Act yet he was standing for the position of the District Chairperson.
As a result, Lady Justice Jane Kajuga agreed with the respondents that the petition was incurably defective and dismissed it with costs.
Aggrieved with this decision, Ariko through his lawyers led by Jude Byamukama filed an appeal on grounds that Justice Kajuga erred in law when she struck out the petition on grounds that it was filed under a wrong law and therefore incurably defective.
Kajuga was also faulted for having failed to consider that Omara was nominated as a candidate for the Chairperson Abim District while still a serving UPDF soldier which contravened the constitution and the local government Act.
According to Ariko, the High Court Judge further failed to determine the issue of whether the requirement for public officers to resign under the local government’s Act applies to members of the UPDF.
He asked the Court of Appeal to set aside the decision by Justice Kajuga
In their Decision delivered on Tuesday, the Court of Appeal Justices comprised of Deputy Chief Justice Richard Buteera, Catherine Bamugemereire, and Irene Mulyagonja they have observed that Kajuga sacrificed substantial justice by failing to hear the merits of Ariko’s case.
They noted that there was evidence from the Ariko that he complained about the illegal nomination of Omara before the Electoral Commission and no decision was given to him despite having been invited to attend the hearing.
As such, they indicated that there was nothing to show that Omara had been given a discharge certificate and qualified to be nominated and stand for the office.
“We then conclude that in the face of the alleged illegalities, the Judge had no option but to dispose of the petition on its merits. She erred when she did not apply the provisions of Article 126(2) of the constitution to facilitate the disposal of the petition before her on its merits”, said the Justices in a decision read on their behalf by Court of Appeal Registrar Lillian Buchyana.
They ordered a fresh hearing of the petition before a different Judge and with orders that the costs of the appeal be borne by the respondents.
Ariko’s lawyer Byamukama has welcomed the decision.
