Prime
60 MPs could lose seats in new election petition
Krispus Ayena Odongo
KAMPALA- Sixty-eight individuals who lost parliamentary seats or election appeals could be handed a new political lifeline after lawyer Krispus Ayena Odongo petitioned the Constitutional Court to annul any election judgments delivered outside the timeframe set in law.
Mr Ayena, in a petition filed yesterday, argues that in accordance with the Parliamentary Elections (Amendment) Act, 2010, the Court of Appeal should dispose of each election appeal within six months from the date of filing.
About a week ago, the Court of Appeal ruled in favour of State minister for Defence Charles Okello, who had appealed against the decision of Lira High Court that had annulled his victory on account of lack of the requisite academic qualifications.
This particular election involved Mr Ayena who had stood against Mr Okello on the UPC party ticket during last year’s February elections.
Likewise, a number of parliamentary elections appeals decided after the 2010 parliamentary elections could also be declared a nullity due to the same petition.
Mr Ayena further claims that a number of parliamentary election appeals, including his, were not determined within the prescribed six months period.
He claims that this particular election appeal was filed on July 5 last year, meaning the Court of Appeal was supposed to dispose it of latest January 5 this year but it was heard on June 1 this year, with its final decision being determined on October 23.
The Attorney General, who is the government’s chief legal adviser, has been listed as the respondent in this petition.
“Under the relevant law, the court of appeal could only lawfully have exercised jurisdiction to hear and determine the above election petition appeal within the limited time of six months given to it under the law up to and including the 5th January 2017,” the petition reads.
To that effect, Mr Ayena is asking the court to declare as nullity all election appeals decided outside the six months period from the date of filing.
“The judgment/decision of the Court of Appeal in election petition No. 26 & 94, Okello P Charles & Another Vs. Ayena Odongo Krispus and all other judgments/decisions made six months from the time of filing were time-barred, made without jurisdiction and, therefore, null and void,” Mr Ayena states in his petition.
As at July 20 this year, only 42 out of 110 election appeals had been determined.
Records at the Court of Appeal indicate that the last election appeal was filed in December last year, meaning the court should have been disposed of its last appeal by end of June this year and yet by July, only 42 had been determined.
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