Court confirms Nakaseke Woman MP Najjuma's election victory
In his 56-page ruling, which was delivered electronically on Tuesday, Justice Mugabo noted that the alleged election malpractices could not have affected the outcome of the election given Najjuma's big victory margin.
MP Najjuma, in her defence, urged the High Court to dismiss the petition, labelling it incompetent and legally flawed, adding that the alleged irregularities did not materially affect the final election results given her wide margin of victory. (Credit: Frederick Kiwanuka)
NAKASEKE - The High Court in Luwero has confirmed Sarah Najjuma as the elected Nakaseke Woman Member of Parliament for Nakaseke District.
This was after Justice Vincent Mugabo, on Tuesday, dismissed, with costs, a petition that had been filed by Najjuma's rival, Esther Nakawooya, challenging the victory.
Nakawooya, who stood as the National Unity Platform (NUP) candidate during the two-women race for the Nakaseke district Woman MP seat, wanted the High Court to nullify Najjuma's win, citing a series of irregularities during the January 16 elections.
Nakawooya's petition came after the Electoral Commission (EC) initially declared Sarah Najjuma the winner with 55,455 votes against Nakawooya's 26,873 votes.
The same EC later on updated the final certified tally in the Uganda Gazette, showing Najjuma, who was the NRM candidate, with 56,151 votes ,and Nakawooya with 27, 156 votes.
However, Nakawooya, who was dissatisfied with the declared election results, on March 26 petitioned the Luweero High Court, suing both Najjuma and the Electoral commission.
Nakawooya, in her petition filed through Araka and Company Advocates, argued that the election was marred by gross irregularities and failed to comply with the Parliamentary Elections Act.
The NUP candidate, among other complaints, accused the EC of issuing two different declaration results which she said had varying figures, raising questions about figure manipulation.
Nakawooya also questioned a 100 per cent voter turnout at some stations where all votes were cast exclusively for the NRM candidate, saying that it was incredible.
Nakawooya's petition came after the Electoral Commission (EC) initially declared Sarah Najjuma the winner with 55,455 votes against Nakawooya's 26,873 votes. (Credit: Frederick Kiwanuka)
Nakawooya had also complained that some voters register included names of deceased persons who were allegedly recorded as having voted.
Defence by Najjuma
Najjuma, in her defence, urged the High Court to dismiss the petition, labelling it incompetent and legally flawed, adding that the alleged irregularities did not materially affect the final election results given her wide margin of victory.
Najjuma also argued that the petitioner failed to provide concrete evidence that the cited individuals were actually deceased or that any voter turnout anomalies uniquely disadvantaged Nakawooya.
In his 56-page ruling, which was delivered electronically on Tuesday, Justice Mugabo noted that the alleged election malpractices could not have affected the outcome of the election given Najjuma's big victory margin.
“Having considered the established irregularities and the respondents' success, I find no sufficient reason to depart from the ordinary consequence of the results,” Justice Mugabo said.
Mugabo, who went on to declare Najjuma as the duly elected woman MP for Nakaseke District, ordered the petitioner, Esther Nakawooya, to pay costs to both Najjuma and the electoral commission.
“The petitioner shall pay the costs of the petition to both respondents,” Justice Mugabo ordered.