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Court dismisses poll petition against Bukooli Central MP
Bukooli East MP, Solomon Silwany talks to journalists shortly after the ruling at Jinja High Court on Thursday, he has been awarded costs after the case against him was dismissed. PHOTO / TAUSI NAKATO
Jinja High Court has dismissed a petition against the Bukooli Central Member of Parliament, Mr Solomon Silwany, on grounds that it was incompetent.
Mr Silwany , Who is also a commissioner of Parliament was sued by Mr Rogers Ngiya, a voter in Bukooli Central on ground that he was dissatisfied with the results because the election was characterized by bribery of voters, intimidation and use of government resources during campaigns.
Mr Ngiya through his lawyer Mr Aggrey Bwire of Bwire & Waiswa Co. Advocates also sued the Electoral Commission accusing it of non-compliance with the electoral laws.
Mr Silwany’s lawyer Mr Julius Galisonga of Galisonga and Company Advocates asked Court through a preliminary point of law to dismiss the petition on grounds that it was incompetent because it was not supported by the required number of signatures when a voter instead of a candidate who lost files the petition in Court.
“Section 61 of the Parliamentary Election Act as amended, requires that when a person other than a contestant files a petition, it must be supported by at least 500 registered voters,’’ he said.
Mr Galisonga said the petitioner did not prove to the Court that he is a registered voter and the people he purported to have supported the petition were neither proved to be registered voters.
“He did not attach proof that he is a registered voter, this time every voter was given a voters slip, an extract of a voters register, he did not attach it even the people he claimed they supported the petition never attacked copies of the voters slips. Before you file a petition, you must be a registered voter with in the constituency and even the people supporting the petition,’’ he said.
In his ruling, Justice Isa Serunkuma dismissed the petition on grounds that it lacked the required supporting number of witnesses.
“This ruling is based on a preliminary objection raised. After hearing from both sides, the petition is invalid because it lacks the required proof. There is no need to go ahead with it. The respondent must be awarded costs,’’ he said
Speaking to Journalists shortly after the ruling, Mr Silwany said the Court has awarded him costs and he is starting on the process.
“Election petitions are not accident, you do it intentionally with intention to cause expenditure on the other side, definitely we demand the costs,’’ he said
However, Mr Ngiya , vowed to appeal his case as he was dissatisfied by the ruling.
“I tabled all the evidence indicating that I am a registered voter of Bukooli Central but the Judge instead dismissed the case. I am going to appeal, ‘’ he said.
Ten candidates contested for the Bukooli Central Parliamentary seat in the just concluded January 14, 2021 election, where Mr Silwany (NRM) was declared the winner with 24,244 votes.
Others in the race included, Mr Wafula Oguttu (FDC) garnered 12,555 votes and Arafat Ntambi (NUP) who got 3,028 votes.
Independent candidates Mr Ali Mugoya Mukoova (5,243 votes), Mr David Freddie Luwanga Mulengani 3,314 votes, Mr Latif Mr Karemire Mugagga Mukuve 1,680 votes, Mr Ismail Wandera Onyango (Indep) got 1,420 votes, Mr Charles Wabwire 482 votes, Mr Abubakali Mukama 413 votes, Mr Samuel Bright Balyeidhusa 259 votes.
