Victory of Pingire County MP-elect Ojiit challenged in court

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The victory of Pingire County Member of Parliament-elect Peter Ojiit, an independent, has been challenged in court just days after his official gazettement.

Ojiit had begun celebrating his win in Serere district and was preparing for his swearing-in scheduled for May. Confident that his victory would go unchallenged, he had even secured accommodation in Kampala in readiness to assume office.

However, in a turn of events, Ojiit was Wednesday (April 1) served with an election petition contesting his victory. The development initially appeared unreal to him as it coincided with Fools’ Day, but it was later confirmed to be a legitimate legal challenge.

The petition was filed by Philip Oucor, who ran on the National Resistance Movement (NRM) ticket and finished second in a six-strong race.

Philip Oucor, the petitioner. (Credit: Godfrey Ojore)

According to the declared results, Ojiit garnered 8,031 votes, defeating Oucor who polled 5,475 votes. Incumbent Fred Opolot was third with 1,729 votes, followed by former Serere District chairperson Joseph Opit Okojo with 855 votes. Erasmus Apakun of the Forum for Democratic Change (FDC) secured 87 votes, while Daniel Olinga of the National Unity Platform (NUP) trailed with 32 votes.

In the petition filed against both Ojiit and the Electoral Commission, Oucor alleges widespread electoral irregularities that he claims substantially affected the outcome of the election.

A notice signed by the High Court registrar requires the respondents to file their defense within ten days of service, warning that failure to do so could result in the case proceeding in their absence.

Oucor accuses the Electoral Commission of failing to conduct a free and fair election, citing non-compliance with electoral laws. He alleges that polling stations were closed earlier than the stipulated time, disenfranchising voters.

He claims that at least 1,275 registered voters were unable to cast their ballots due to the premature closure of polling stations. 

The petitioner cites specific polling stations, including Ogobai Church of Uganda/Abira polling station in Kidetok Ward, where results were declared as early as 3:38 pm, leaving 121 registered voters unable to vote. He further lists nine other polling stations where results were announced exactly at 4pm, the official closing time for voting.

Oucor also accuses Ojiit and his agents of orchestrating violence and intimidation, allegedly forcing his polling agents to flee, thereby compromising the electoral process. He claims that in the absence of his agents, declaration of results forms were irregularly completed, including alleged forgery of signatures.

In one instance, he alleges that a polling agent, Rose Jesca Nakesa, did not sign a declaration form, yet her purported signature appeared on the document. Another individual listed as his agent is said to be unknown to him.

'My victory is from God'

The petitioner further alleges that Ojiit’s supporters engaged in acts of violence, including assault and theft on the eve of the election. One such claim involves a reported break-in at the residence of a voter, where money amounting to sh5.8 million was allegedly stolen.

Oucor is seeking the nullification of Ojiit’s election and is asking court to order a fresh poll.

He also alleges that Ojiit issued threats during the campaign period, including a statement reportedly made on January 14 at Kampala trading centre in Sambwa village, in which he allegedly threatened violence if he did not win the election.

When contacted, Ojiit said he remains unshaken by the petition and is preparing his legal response.

“My victory is from God, and attempts to overturn it may not succeed. My lawyers will respond appropriately within the required time,” he said.

This is one of the election petitions arising from the January 15 general elections, alongside another case challenging the election of Soroti City Woman MP Joan Achom Alobo.

The High Court has yet to fix hearing dates to hear the petitions.