Fox Odoi petitions court over NRM election complaints

By Betty Amamukirori

THE Member of Parliament for West Budama North, Fox Odoi Oywelowo has petitioned court, challenging the National Resistance Movement Electoral Commission’s (NRM EC) credibility in handling and determining primary election complaints.

Odoi who won the just concluded West Budama NRM party primaries, said that the acts of the NRM EC to receive, hear and determine petitions and disputes arising out of elections it conducted is an abuse of the rights to a fair hearing guaranteed under the national constitution.

He argued that the NRM EC cannot be an independent and impartial tribunal for purposes of determination of civil rights.

Fox in his petition challenges Regulation 20 (21) which mandates the NRM electoral commission to hear election disputes arising from its internal elections, saying that it is derogatory to the right to a fair hearing and is inconsistent with the constitution.

“The acts of using the authority of regulations 20(21) by the NRM EC to receive petitions and determine disputes arising from its own actions is inconsistent and in contravention with article 28 (1) and article 44 (C) of the constitution,” reads part of his plaint.

Fox who claimed to be aggrieved by the Regulations for the NRM primary elections, said that after he was declared the party’s flag bearer for West Budama MP seat, in October 28, 2015, he heard that his opponent, Richard Othieno Okoth had petitioned the party over his victory.

Basing on the hearsay, he asked EC to serve him with the petition but up to date, Fox said he has not received a reply. Adding that, apart from the petition against his victory, the NRM EC has continued to use the same derogatory regulation to accept petitions against other victors in the primaries.

He filed the petition against NRM EC and the Attorney General (AG) through his lawyers from Akampumuza and Co Advocates, on Monday (November 9, 2015). He accuses the AG of failing to ensure that unconstitutional laws and regulations are not passed.

In his petition, Fox seeks a declaration that Regulation 20 (21) of the regulations for NRM primary elections is abusive of the right to a fair hearing.

He wants court to declare that by receiving, hearing and determining petitions arising out of the primary elections contravenes the right to a fair hearing.

Fox wants court to declare that NRM EC cannot be an independent and impartial tribunal when determining the petitions. He also seeks an injunction stopping NRM EC from handling the petitions.

In a separate petition in the same court, Jude Okello who purports to be a businessman is challenging the NRM EC’s credibility to impartially hear and determine disputes arising from the party primaries.