Ssekikubo case dismissed, referred back to Masaka court

PIC: The scene outside the Constitional Court after Lwemiyaga MP-elect Theodore Ssekikubo (center) appeared before a panel of five judges over a case in which his opponent, Patrick Nkalubo, is seeking a vote recount. (Credit: Juliet Kasirye)

KAMPALA - The constitutional court has dismissed and referred back to a lower court a petition filed by a former Lwemiyaga parliamentary seat contender, Patrick Nkalubo, challenging the outcome of the elections.

Nkalubo filed the petition against the county's MP-elect Theodore Ssekikubo, the Electoral Commission and the returning officer, Ssembabule district.

In it, he wanted an order for a vote recount of the results.

However, at the start of the hearing of the case at Masaka Chief Magistrates court, Ssekikubo's lawyers raised an objection challenging the jurisdiction of the court to handle the matter.

They also applied to appeal against the decision of the chief magistrate to proceed with the hearing.

Instead of granting their request, the Chief Magistrate referred the matter to the constitutional court for interpretation.

Here, Ssekikubo chats with Medard Sseggona after appearing before court

The Chief Magistrate framed three questions for interpretation:

• whether the provisions for four days to conclude the election recount applications is in contravention with the constitutional mandate of a right to a fair hearing

• whether section 55(2) of the Parliamentary Elections Act ousted the Chief Magistrates' jurisdiction in vote re-counting applications when handled outside the four days' rule therein.

• whether none filling of an affidavit in reply to an application but filing submissions in rebuttal was a legal omission and therefore fatal to Ssekikubo.

In their ruling today, a Coram of five constitutional court judges dismissed the application for lack of merit and referred it back to the lower court.

"This reference lacks merit. It is dismissed and parties are each to bear their costs. This file is to be returned to the Chief magistrates' court in Masaka to urgently conclude the management of miscellaneous cause No. 11 of 2016," the judges said.

The Coram constituted of the Deputy Chief Justice, Steven Kavuma, Justice Richard Buteera, Elizabeth Musoke, Cheborion Barishaki and Justice Paul Mugamba.

Ssekikubo and his supporters appeared to be in a jubilant mood after the court session