Court dismises Bukooli south election petition
According to the ruling by Justice Patience Rubagumya sent by email, the petitioner, Clement Achoda, had failed to prove to the court that the respondent, Abdu Adidwa, impersonated Grace Namaani by using his names on the ballot paper and on nomination forms.
Adidwa speaks to supporters outside court. (Courtesy)
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IGANGA — The High Court in Iganga has today (October 27) dismissed with costs an election petition filed against Bukooli South Member of Parliament in Namayingo, Abdu Adidwa, for lack of sufficient evidence.
According to the ruling by Justice Patience Rubagumya sent by email, the petitioner Clement Achoda had failed to prove to the court that the respondent Abdu Adidwa impersonated Grace Namaani by using his name on the ballot paper and on nomination forms.
"An election petition is not decided on suspicion, however genuinely held, but on cogent evidence", read the ruling.
Achoda (NRM) flag bearer, who was among the seven contestants in the January 15 parliamentary elections for Bukooli South constituency, dragged Adidwa (independent) to court, claiming he lacked the required academic qualifications to hold office and had instead impersonated Grace Namaani, a businessman in Namayingo town council, by using his academic qualifications.
However, Justice Rubagumya, in her 65-page ruling, claimed the petitioner only relied on hearsay rather than facts and had failed to justify whatever claims he had raised to prove to the court.
The petitioner, Achoda, who was the first runner up in the January 15 parliamentary polls for Bukooli south constituency after securing 6177 votes against those of the winner Adidwa with 8595 through his lawyer Gad Bataala had sought an order restraining the first respondent Adidwa from holding office on grounds he lacked the required academic qualifications, committed an electoral offences by presenting fake academic papers, the electoral process was not conducted in accordance with the parliamentary elections act, besides directed the director of public prosecutions cause investigations into crimes committed by the first respondent.
Achoda also wanted the court to set aside the outcome of the results and declare the first runner-up of the race as the winner of the Bukooli South constituency polls.
The returning officer, Namayingo Eva Nakandi, while appearing before court in an earlier cross-examination of witnesses, had defended the nomination of Adidwa, saying his academic papers were genuine, besides no one had come up to present any hindrance during the nomination process.
The first respondent, Adidwa who was represented by his lawyer Aramazan Kintu.
“In 2021, someone who was a runner-up against my client dragged him to court, claiming he lacked the required academic qualifications, and still lost the case, he said
A loser for the Bukooli South parliamentary race in the 2020 elections, Stephen Dede dragged Abdu Adidwa to court based on allegations.
Hundreds of supporters who had accompanied the Member of Parliament Abdu Adidwa later walked away after discovering that the ruling had been sent via email.
The petitioner, Clement Achoda, when contacted on the phone, promised to contact his lawyers for advice on whether he should appeal the ruling.
“Am not satisfied with what has been presented and will give you an update on what steps am taking after meeting my lawyers" he said.