Lubaga South Loser Withdraws Election Petition Against Rival

According to the court records, Nassolo signed a consent agreement with Mukasa to have the case withdrawn in the spirit of harmony and reconciliation.
Lubaga South MP Aloysius Mukasa in Court.

Audio 2

The loser in the Lubaga South parliamentary seat Eugenia Nassolo has withdrawn the election petition challenging the election of Aloysius Talton Mukasa.

Nassolo through her lawyers from Alaka and Company Advocates on Thursday withdrew her petition she had filed against Mukasa of the National Unity Platform-NUP party. 

According to the court records, Nassolo signed a consent agreement with Mukasa to have the case withdrawn in the spirit of harmony and reconciliation.

“That Election Petition number 007 of 2021 be and is hereby withdrawn by consent of both parties through their respective counsel in the spirit of harmony and reconciliation", reads the consent in part. It adds “that there will be no further litigation between the parties on the issues in this election petition".

The consent agreement was tendered to the court by Nassolo's lawyers led by Kenneth Paul Kakande and Samuel Muyizzi Mulindwa and Hamidu Lugoloobi for the Electoral Commission.

Mukasa’s lawyer Justin Semuyaba did not object to the agreement. 

Justice Winfred Nabisinde was left with no option but to endorse the consent and dismiss the petition with no costs.

She however added that as required under the law, the Registrar of the High Court is directed to put a copy of the notice for withdrawal on the court notice board and another should be served to the Attorney General.

According to Nabisinde, the Registrar is also directed to attach another copy to the Uganda Gazette.

Nassolo who obtained 12,893 votes against Mukasa's 49,501 votes had petitioned the court seeking to overturn the victory of Mukasa on grounds that he lacks the minimum academic qualifications required for him to be a Member of Parliament. 

She had indicated that Mukasa did not complete secondary education and does not, therefore, have either the Uganda Certificate of Education or the Uganda Advanced Certificate of Education, which is a prerequisite for contesting for the seat. 

According to the evidence she had submitted to the court, Mukasa only registered one subject; Fine Art in which he obtained four points. She also noted that the names on his certificates differ from those on the national identity card.

On his certificates, there is Mukasa Aloysius TG while on the National ID, there is Mukasa Aloysius Talton Gold.

Nassolo also noted that Mukasa in a bid to rectify the discrepancy in names swore a deed poll on September 28, 2020, but this was after the Electoral Commission had finished updating the voter register.

Images 1