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Court overturns ruling on Soroti City borders
A section of Soroti city. PHOTO/CORTESY/PPU.
What you need to know:
- As a result of the judgment, the fate of the elected MPs and division mayors now remains unclear.
The High Court yesterday passed a fresh ruling reversing its previous decision on Soroti City boundaries.
The decision followed an application by the incumbent MP, Mr Herbert Edmund Ariko, challenging the Electoral Commission (EC) and the previous court decision that altered the boundaries of Soroti City.
Mr Ariko lost the January parliamentary election to the Forum for Democratic Change candidate, Mr Moses Attan Okia.
Mr Ariko said wards Aloet and Opiyai that were initially under Soroti City East Division by the instrument of Parliament were illegally altered and annexed to the West Division without approval of Parliament.
Previously, the court presided over by Justice Wilson Musene Musalu ruled that Aloet Ward, which was formerly part of Arapai Town Council and Opiyai Ward, which used to be part of Amen Town Council, be placed under Soroti City’s West Division on grounds that Parliament had divided the city based on its bigger administration units of town councils.
However, on Wednesday the same judge overturned his earlier decision on grounds that court was misled by false testimonies and evidence.
“This court mistakenly altered the instrument made by Parliament. I, therefore, exercise this court’s power under the Civil Procedure Act and the Judicature Act to allow this application. The judgement and orders in civil suit no. 29 of 2020 are reviewed and set aside.
The wards of Opiyai and Aloet are accordingly removed from Soroti City West Division and placed back under Soroti City East Division,” Justice Musalu ruled.
Mr Ariko said the wards were shifted to West Division on November 26, 2020, in a miscellaneous application.
Justice Musalu said earlier testimonies showed that Soroti East Division comprised the whole of the old Eastern Division, Northern Division, Aloet Ward in Arapai Town Council and Otatai, Opiyai, Acetigwen wards while West Division comprised the wards in the old Western Division, Agora Ward, Amen Town Council, Arapai Ward in former Arapai Town Council, Amoru Ward in Arapai Town Council, Agama Ward, Oderai Ward and Amen B.
“If such information had been brought to the attention of this court, this court would not have placed Aloet and Opiyai wards under Soroti City West. I agree with the counsel for the applicant that it was a contradiction with what was passed by Parliament of Uganda and published in the Uganda Gazette. That was no doubt a mistake or an error apparent on the face of the record.
“I, therefore, hold that such an error so manifest and clear, no court of law exercising its judicial power can allow it to remain on record,” he ruled, adding that each party will meet their costs.
Mr Ariko said he received justice over those that tarnished his name accusing him of influencing and facilitating illegal alteration of the city boundaries.
Mr Ariko was represented by Mr Yusuf Mutebuli of Mutebuli and Company Advocates, while Mr Patrick Wateka represented EC and Ms Fiona Mirembe represented former five applicants Michael Enyagu, Robert Onanyang, Stephen Erienyu, Patrick Ejelu, andBrian Omoding.
As a result of the judgment, the fate of the elected MPs and division mayors now remains unclear. The EC now has to take appropriate action in compliance with the court ruling.
Mr Okia, the MP-elect for Soroti City East Division, said he would wait for further guidance, adding that he is still the duly elected MP for Soroti East Division.
