On Friday, Nantaba’s lawyer Ambrose Tebyasa raised a preliminary objection on the petition on grounds that it was incompetent. According to Tebyasa, the petition is not supported by the required 500 signatures of registered voters.
The High Court
in Mukono has dismissed with costs the election petition filed by Ritah Nabadda,
a voter at Kayunga district challenging the victory of Idah Nantaba as the
Kayunga District Woman Member of Parliament.
Nabadda petitioned the court to nullify the election of Nantaba for allegedly bribing
On Friday, Nantaba’s
lawyer Ambrose Tebyasa raised a preliminary objection on the petition on grounds
that it was incompetent.
According to Tebyasa, the petition is not supported by the required 500
signatures of registered voters.
“...in the lists attached to the affidavit in support of the petition, on pages
11 -57, are persons not voters in Kayunga District. None of them attached their
national voter identity card. And no polling station was indicated for any of
them. There appeared to be consistent handwriting on pages 14, 16 and 17. As if
one person made the entries on those pages," Tebyasa told court.
Olive Mukwaya Karazawe noted that failure to attach the national voter register
extract about each of the 559 supporters was not sufficiently explained by
Nabadda ‘s lawyer.
She also indicated in the ruling that the petitioner’s lawyer suggested that
the cost of availing certified copies of the extract for each of the 559
supporters was prohibitive, but then failed to adduce evidence to support this
claim or even proving that these documents were ever requested from the EC.
Tebyasa raised another ground that the petitioner attached a certificate of a translation
prepared by John Bosco Kitayira without indicating the exact person it was
Nabadda’s lawyer Kevin Amunjong reasoned that section 43 of the Interpretation
Act allows interpretation of documents as long as it does not affect the
substance of the instrument or document.
Mukwaya indicates that the certificate of translation in the way it was
drafted, has no legal consequence one way or the other since it does not
attempt to identify the persons to whom it was intended, a situation not
envisaged by the Illiterates’ Protection Act cap 78.
“This petition is accordingly struck out with costs to the Respondent.” Lady
Justice Mukyaya ruled.
Tebyasa says that he is happy that the court has ruled that there was no valid
petition before the court.
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The court is also yet to rule on two other petitions against Nantaba.