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David Abala Appeals Against Ngora Election Petition Ruling

Abala says that Justice Okuo erred in law and fact when she held that the wrongful declaration of Achayo did not affect the result of the election in a substantial manner and that she misdirected herself of the law of the Illiterate’s Protection Act Cap. 78, thereby arriving at an erroneous decision where she expunged 23 affidavits filed by Abala.
MP David Abala.
The former Ngora County MP, David Abala has appealed against the High Court ruling upholding the election of Juliet Achayo Lodou.

On October 12, the High Court in Soroti upheld the election of Juliet Achayo Lodou as Ngora County MP.  Lady Justice Jane Okuo Kajuga said Achayo won the election with 11,556 against Abala’s 11,085 votes.

The court, sitting in Soroti gave Achayo additional 2,049 votes to secure her victory.  On declaring results after the poll count, the returning officer, Peter Toddu had declared David Abala winner with 8317 votes against Achayo's 7828 votes.

In the Election Petition Appeal, Abala has listed seven grounds for his dissatisfaction with the verdict delivered by Justice Okuo.

Through his lawyer, Lukwago and Company Advocates, Abala contends that the judge upheld a declaration by the Ngora District Returning Officer, Peter Toddu who had no legal authority that his first declaration was not based on 65 polling stations but partial results and that the wrongful tallying of results didn’t defraud him of his victory.

Abala adds that Justice Okuo erred in law and fact when she held that the wrongful declaration of Achayo did not affect the result of the election in a substantial manner and that she misdirected herself of the law of the Illiterate’s Protection Act Cap. 78, thereby arriving at an erroneous decision where she expunged 23 affidavits filed by Abala.

The appellant also contends that the trial judge erred in law and fact when she held that results of six polling stations of Kopege CoU, Kees Catholic Church, Pasam Mango Tree, Opelu Catholic Church A-A, Opelu Catholic Church B-Z and Omaditok Primary school could not be annulled and removed from the final results. Abala also holds that Justice Okuo failed to evaluate the evidence on record, thereby arriving at a wrong decision.

Abala is now asking Court to allow the appeal with costs, quash and set aside the judgement and decree of Justice Okuo and substitute them with an order allowing the appeal and declaring him as duly elected Ngora County MP. 

After the parliamentary elections, Achayo petitioned the court seeking for a vote recount. But the Chief Magistrate dismissed the application on grounds that there was no evidence.