In his appeal, Ssekabira said the decision to eject him from the polls was biased and high handed, since it wasn’t based on evidence from a medical report. He also argued that he was never given chance to file his defense.
Kyomya's lawyer Ngaruye Ruhindi asked the court to throw on three grounds which include failure by Gumisiriza to pay court fees on time for his application in time, failure to indicate in the application which specific polling stations where the recount should be done.
The Chief Magistrate, Charles Yeitesi, who had issued a vote recount order on Monday declined to continue with the exercise after it emerged that the seal on one of the ballot boxes delivered in court was broken.
According to the two top party leaders, the conduct of the respondents adversely affected their right and freedoms guaranteed by the constitution of Uganda and have occasioned untold inconveniences, mental anguish and distress for which they should be held liable and responsible.
Achayo, a flag-bearer under the ruling National Resistance Movement- NRM lost to an independent candidate and incumbent, David Abala. According to the results, Abala garnered 8,383 while Achayo got 7,513 votes. In the petition his lawyer, Halid Salim, Achayo contends that Electoral Commission used provisional results from 54 out of 65 polling stations to declare Abala winner.
The application was filed by Ismail Kasule who contested on the Alliance for National Transformation (ANT) party ticket, against Dr Joseph Ruyonga of the National Resistance Movement (NRM). Ruyonga emerged winner of the race with 6,396 votes against Kasule's 6,212 votes.
Achayo is protesting the results announced by Peter Toddu, the Ngora District Returning Officer on January 15th, 2021. Through her lawyer, Halid Salim, Achayo wants a recount of the votes that she argues will be in her favour.
According to the Judge, due process here means that if Kyagulanyi had any offense that he had committed, he should have been arrested, taken to police and produced to any Magistrates Court to be charged which has not been the case here.
On Sunday, Arua Chief Magistrate, Daniel Lubowa led both parties to the EC offices at Terego District headquarters to inspect the ballot boxes before issuing the order for the vote recount but the District Registrar, Paul Meru was no show. He ruled that since EC failed to avail the ballot boxes, it should pay the petitioner and the MP-elect costs of the suit and general damages.
The Soroti Chief Magistrate Monica Amono says that the applications received include those for Gweri constituency, Soroti County, Kapelebyong County, Woman district Ngora County and Woman MP Kumi district.
State Attorney Martin Mwangusha who was relying on the affidavit of the Director Operations Uganda Police Force, Edward Ochom and Brigadier Dr Godard Busingye the Chief of Legal Services in UPDF opposed the case and asked court to dismiss it.
Donning a white T-shirt with inscriptions, "Rule of law" in the back and "Basajja mwe Mujooga," in the front, Hadija Kairebwa, one of the supporters stood in a strategic spot, targeting voters from the roadside, a few metres from a polling centre at Kyambogo Primary School.
Court heard that security intercepted the accused persons on their way to court and took them to Makindye Military barracks before they appeared before the General Court-martial on charges of illegal possession of ammunition before they were remanded to Kitalya prisons.