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Busiro North Loser Ordered to Make Formal Application Introducing New Ground

Lubadde who garnered 199 votes challenged the election of Nsubuga who obtained 21,401 votes on grounds that he lacked the requisite academic qualifications to contest as a Member of Parliament as required by law, at the time of his nomination.
MP Paul Nsubuga whose victory is being challenged.

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The High Court in Kampala has ordered Edgar Lubadde the loser in Busiro North Parliamentary Elections to file a formal application introducing a new ground challenging the victory of his rival, Paul Nsubuga.

Lubadde who garnered 199 votes challenged the election of Nsubuga who obtained  21,401 votes on grounds that he lacked the requisite academic qualifications to contest as a Member of Parliament as required by law, at the time of his nomination.

The law requires all persons contesting for a parliamentary seat to possess an A level certificate or its equivalent. However, Lubadde says that in the absence of the qualification, Nsubuga presented to the Electoral Commission academic documents that did not belong to him.

He recalls that although he contested as Nsubuga, his real name is Peter Mukalazi, and his traceable academic journey ended at Primary Leaving Examinations-PLE. 

Lubadde says that Nsubuga changed his name from Peter Mukalazi to fraudulently usurp a UPDF scholarship solely meant for the sons and daughters of army personnel. He says Nsubuga's father was never a UPDF soldier.

However, when the matter came up for pre-hearing on Tuesday before Lady Justice Winifred Nabisinde, Lubadde's lawyers Christopher Kajwara and Ezra Nyalwa asked the court to allow them to file an oral application to introduce a new ground against Nsubuga.

They wanted to introduce a new ground of forgery to prove that Nsubuga allegedly forged signatures of people supporting his nomination.

According to the lawyers, all the people who purportedly supported Nsubuga's candidature were registered and signed by one person because the handwriting is the same.

Court also heard that Lubadde will bring a handwriting expert to prove that the person who signed on behalf of the ten people was one person, contrary to the electoral laws which provide that each person supporting the candidature must append their signatures.

They also told the court that they will need to bring two clan heads one from the Enyonyi Clan and another from Emamba Clan to explain under what circumstances a child can cross from one clan to another.

According to them, Nsubuga's mother Agnes Nabawanuka says that although she was married to Mathias Kibuuka of Enyonyi Clan, Nsubuga's biological father was Charles Mbabaali of Emamba Clan.

//Cue in: "The issue is... Cue out: .. not your father".//

Luganda Audio

//Cue in: "Tusanze nga tuja..

Cue out: ... Nsubuga Paul so".//

But Nsubuga’s lawyer Chrysostom Katumba asked the court to order Lubadde's lawyers to file a formal application and the Judge agreed with them and directed accordingly.

The Judge has also ordered that since this is a civil matter as the normal procedure, the parties should first go for a short mediation and if they fail, they should return to court on August 23rd, 2021 with further directives that all necessary documents needed for the hearing should be on record by that time.

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