In their Judgement on Tuesday, the Court of Appeal Justices agreed with the Electoral Commission saying that the service of court documents is not a monopoly of one person.
Lady Justice Dr Nabisinde dismissed Lubadde's petition on grounds that there was not sufficient evidence to support the allegations and that the little that was availed was quoted out of context.
In his defense, Nsubuga indeed confirmed to the court that he first sat PLE under the name of Peter Mukalazi at St. Charles Lwanga Primary School Bukerere. He, however, says that he was forced to drop the name when his mother, Agnes Nabawanuka revealed to him that Charles Mbabaali was his biological father and not Mathias Kibuuka as was earlier believed.
In her ruling, Lady Justice Dr. Winfred Nabisinde dismissed the application, saying that Nsubuga filed an application seeking similar prayers on March 31st 2021 but withdrew it. According to the judge, the withdraw meant that Nsubuga was already aware that there was a petition against him.
Edgar Lubadde, a candidate who came last in the Busiro County North parliamentary race asked the court to declare him the winner of the January 14 election. Lubadde who scored only 199 votes challenged the election of Nsubuga who scored 21,401 votes on the ground that he lacked the requisite academic qualifications to contest as a Member of Parliament as required by law, at the time of his nomination.
