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Defeated Arua City mayor withdraws election petition

Mr Sam Nyakua (NRM) and Al-hajji Issa Kato (Independent). PHOTOS/FELIX WAROM OKELLO

What you need to know:

  • Reacting to the development, Arua City Mayor Mr Sam Nyakua said: "We were prepared to have full hearing with evidence but since we are all brothers and Kato accepted to withdraw the case, I do accept it with brotherly heart.''

The defeated former Mayor for Arua City, Al-hajji Issa Kato (Independent) Thursday afternoon withdrew an election petition seeking nullification of the 2021 polls in which he lost to Mr Sam Nyakua (NRM).

The Mayoral race which attracted five candidates, Mr Sam Nyakua of NRM, Issa Kato, Charles Asiki, Steven Andama all Independents and Dennis Madira of FDC saw Sam Nyakua win the race with 13, 564 votes against Issa Kato who got 13, 313 votes.

Citing irregularities while also accusing the Electoral Commission of conniving to staff ballots in favour of his rival, Kato petitioned court protesting results after 28 polling stations were not tallied urging that a vote recount be ordered.

During the hearing at Arua High Court, Kato through his lawyer Mr Paul Manzi asked Court to allow them withdraw the petition with an order that each party bears own cost.

Manzi added that the withdrawal was in the spirit of promoting healing and reconciliation among supporters of the two who are brothers from Ayivu Division.  

After the submission, presiding judge, Justice Boniface Wamala in his ruling concurred with Kato’s Lawyer and granted withdraw of the petition saying ‘‘since the first respondent had no objection, he could not penalize the petitioner with costs.”

He said from the documents tendered in court showed ‘‘no sufficient evidence that can warrant nullification of the election.’’

Meanwhile, Mr Sam Ondoma the Lawyer for Mr Nyakua, said they decided to accept no costs for the withdrawal of the Petition in the interest of ‘‘peaceful co-existence since Issa Kato and Sam Nyakua are brothers from the same County.’’

Mr Ali Hassan, the Lawyer representing Electoral Commission in the petition said though they asked Court to award them costs on the petitioner, they’d go by court-decision.

Reacting to the development, Arua City Mayor Mr Sam Nyakua said: "We were prepared to have full hearing with evidence but since we are all brothers and Kato accepted to withdraw the case, I do accept it with brotherly heart. Even the NRM had mediated for us not to continue with the case, though Kato didn't attend, the withdrawal is fine," he said.

However, Mr Kato who was present at court disappeared immediately after the court ruling and his phone was off by press time.