Court overturns NUP Lord Councillor’s victory
What you need to know:
- Justice Musa Ssekaana ruled in favour of the National Resistance Movement's (NRM) Yasini Omari Assini, declaring him the winner.
The High Court in Kampala has nullified Ivan Wafula's victory as Makindye East II Lord Councillor, citing irregularities in the January 25, 2021 elections.
Justice Musa Ssekaana ruled in favour of the National Resistance Movement's (NRM) Yasini Omari Assini, declaring him the winner.
"The nullification of the 2nd respondent's nomination removes him from the contest, and this leaves the appellant (Assini) who was the second best candidate or runner-up on top of the list," Justice Ssekaana stated.
Mr Wafula was disqualified due to lying under oath about his qualifications. The court discovered discrepancies, including a disputed Uganda Certificate of Education and a lack of required A-level qualifications for his Diploma in Education.
Mr Assini had appealed the initial results, claiming he won the election with 2,277 votes, while Wafula received 1,753 votes. However, the Electoral Commission's returning officer allegedly altered the results, wrongly declaring Wafula the winner.
He further stated that the election was marred by irregularities and non-compliance with the electoral laws including telling lies on oath that he possessed certain academic qualifications and he graduated as a teacher whereas not.
"The 2nd respondent has also been found to have committed an illegal practice when he offered recommendations for bursary during the election period, which was contrary to the law. Even if he had been found to have been properly nominated in the said election, his election would have been set aside for this illegal practice," Justice Ssekaana added.
In his appeal in the High Court, Mr Assini stated that he won the January 20, 2021 election with 2,277 votes, while Wafula, the runner-up, received 1,753 votes. However, EC’s returning officer allegedly altered, falsified, declared, transmitted, and gazetted the incorrect results, wrongly declaring Mr Wafula as the validly elected District Councilor for Makindye East II Electoral Area.
Justice Ssekaana emphasised: "The nullification of 2nd respondent's nomination removes him from the contest... The appellant is declared a winner of the election upon disqualification of the 2nd respondent because he should never have been a candidate in this election and was not validly elected as City Directly elected Councilor-Makindye East II Electoral Area."
