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Court Orders EC to Degazette MP Ssekikubo :: Uganda Radionetwork
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Court Orders EC to Degazette MP Ssekikubo

Prior to his ruling, Munobe sought interpretation from the constitutional court on the mandate of his court to determine this matter, since it had been overtaken by events.He sought to determine whether section 55 clause 2 of the parliamentary election Act overturned the powers of the Chief Magistrate court to hear vote re-count applications.
Samuel Munobe, the Masaka Chief Magistrate has ordered Electoral Commission to immediately degazette Theodre Ssekikubo as the Lwemiyaga County MP elect. Delivering his ruling on an application filed by Patrick Nkalubo, a former contestant for the Lwemiyaga County MP seat this afternoon, Munobe said Ssekikubo was gazetted illegally, since court had issued an order staying the exercise.

 

On April 3rd, Munobe issued an order barring Electoral Commission from gazetting Ssekikubo pending the disposal of a vote recount petition filed by Nkalubo. He said the decision to degazette Ssekikubo in the order amounts to contempt of court and an insult to the judicial system. He asked Electoral Commission to issue a public apology for mismanaging the electoral process.  

 

Prior to his ruling, Munobe sought interpretation from the constitutional court on the mandate of his court to determine this matter, since it had been overtaken by events.

He sought to determine whether section 55 clause 2 of the parliamentary election Act overturned the powers of the Chief Magistrate court to hear vote re-count applications.

 

 

However, on April 28th, Deputy Chief Justice Steven Kavuma ruled that there was nothing among the questions raised requiring constitutional interpretation. He ruled that there was nothing in the law that bars the magistrate's court from handling the vote recount petition, and therefore gave Munobe green light to conclude the matter.

 

As a result of the constitutional court ruling, Electoral Commission went ahead to gazette Ssekikubo drawing protests from Nkalubo and his lawyers, Esther Tayebwa and Richard Etayo. They faulted Electoral Commission and asked court to degazette Ssekikubo.

 

In his submission, Ssekikubo's, Celeb Alaka asked court to dismiss the application, saying that it was overtaken by events. He noted that there was no order stopping EC from gazetting his client, saying it was simply a reference. Alaka also said the decision of the constitutional court to dismiss the reference extinguished the powers of Masaka chief magistrate's to hear the merits of the application.

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