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The High Court in Lira has dismissed with costs an application for an interim order seeking to restrain Owitong of Lango from carrying out the election of the new Won Nyaci (Paramount Chief) of Lango scheduled for today, March 1, 2024.

Assistant registrar Godfrey Ssalaamu Ngobi in his four-page ruling sent to the lawyers through email by 6:00 pm said “… aware that a grant of an Interim Order is discretionary, I find no basis for this court to exercise its discretion and this court hesitates to grant the application. The application is with this dismissed with costs in the cause".

The Miscellaneous Application No. 021 OF 2024 is Arising from Misc. Application No. 020 of 2024, Arising from Civil Suit No. 010 of 2024

The Applicants: Lango Cultural Foundation, James Robert Ajal, Benson Walter Dila, Denis Obia Acila, Benjamin Okii, and Robert Tile wanted the court to block the respondents: Eng. Odongo Okune, George Ojwang Opota, Willie Omodo Omodo, Tom Otim, Hamza Okello, Vincent I Oling, Beatrice Amongi Lagada, John Elem, Ben Ogwette Otim, and Peter Acuda Obong or their agents, employees, persons acting under the Respondent or persons relying on the Respondent’s acts from participating and or conducting elections and or performing any rituals for installing any person as Won Nyaci of Lango until the final determination of the substantive applications for temporary injunction.

The applicants also sought the costs of this application to be provided for.

The applicants were represented by Emmanuel Egaru Omiat together with Innocent Okuny, all of M/s Egaru & Co. Advocates while the respondents were represented by several advocates from different law firms namely; Dr. Adams Makmot Kibwanga from M/s Makmot Kibwanga & Co. Advocates, Quirinus Oyugi Onono from Oyugi Onono & Co. Advocates, Simon Peter Odoo from M/s Odoo & Co. Advocates, Ponsiano Okello from M/s Ponsiano Okello & Co. Advocates and Gabriel Obua from M/s Ponsiano Okello & Co. Advocates.

At the commencement of the hearing, the respondents’ counsel raised several preliminary objections, that some of the respondents were not served, that the first applicant, Lango Cultural Foundation is not incorporated, thus not being a legal entity with the capacity to be sued or to sue. And lack of authority from the Lango Cultural Foundation whether as a corporate body or as an association headed by His Highness Won Nyaci.

According to Ngobi, the party seeking the order should show that there is sufficient cause to warrant the grant and that if the order is not granted, there will be irreparable loss caused.

Ngobi said the counsel for the applicant Egaru laboured and explained that there was a serious issue to be tried at trial, and the other hand, the respondent’s counsels argued that this was a premature suit and so were the applications. The respondents cited S.16(1) of the Institution of Traditional and Cultural Leaders Act No.6 of 2011 which provides;

“… Any conflict or dispute within the Traditional or Cultural Institution or the community shall be handled by the council of elders or clan leaders or a representative body chosen and approved by the community in accordance to the tradition, custom, and norms or conflict resolution of that community,…”

The registrar said he had the opportunity to read the provision of this law as cited by the respondents’ counsels and further looked at and appreciated the decision of Lady Justice Dr. Winifred Nabisinde in Lira HCCS No 014 of 2018, Yosam Odur Ebii (Won Nyaci me Lango) Vs Eng. Dr. Michael Moses Odongo Okune.

He stated that in that application, the judge in setting aside the interim order and the temporary Injunction found the suit premature and terminated the suit to pave the way for alternative dispute resolution.

Ngobi said he is inclined to believe that the balance of convenience tilts in favour of the respondents who have prepared for the elections taking place on March 1, 2024.

He noted that the contested roadmap points to elections being organised starting in February 2024.

“It defeats reason and logic why the applicants waited up to yesterday to come to court to complain. This court cannot determine whether or not there is an electoral commission (for Lango Cultural Foundation),” he said.

He agreed with respondents' submissions that they put in place and incurred costs for the elections to be held.

“In any case should the applicants be aggrieved by the process, they still have a remedy in petitioning the court well on time before November 1, 2024, when His Highness the Won Nyaci me Lango will cease to hold office,” Ngobi said.

Willy Omodo, one of the respondents said he is grateful to God but not yet celebrating because the applicants are important elders.

“As speaker of the council (of Owitong), we decided to accommodate the elders by opening the age of contesting as Won Nyaci to accommodate the elderly,” Omodo said on the phone.

He called on all those elders who wanted to contest to show interest. He urged colleague Awitong (clan heads) not to stigmatise those who went to court.

“United we stand, divided we fall,” he said.

Benson Dila, whose name appeared on the list as an applicant, said he was not consulted and never went to court. He said he would not even go for the election.

“Whatever happened does not imply to me, that I will remain as the Awitong of my clan because there is nothing I shall gain from that election,” Dila said on Thursday evening.