Ssekikubo was illegally gazetted as Lwemiyaga MP - Masaka Court

May 05, 2016

In the ruling passed on May 5, Munoba said Ssekikubo was illegally gazetted. He said the Electoral Commission (EC) should apologize for the mess.


The Masaka Chief Magistrate, Samuel Munoba has ordered the Lwemiyaga Constituency MP in Ssembabule district, Theodore Ssekikubo(NRM) to be de-gazetted with  immediate effect.

In the ruling passed on May 5, Munoba said Ssekikubo was illegally gazetted.   He said the Electoral Commission (EC) should apologize for the mess.

He said this during the hearing of the application filed by the runner up in the Lwemiyaga Parliamentary elections, Patrick Nkalubo (independent) where he is demanding for a vote recount on April 6 at 2pm.

He said the constitutional court ruling instructed the Masaka Chiefs Magistrates court to manage the matter.      

Munoba said it was in contempt of court for the EC to gazette Ssekikubo against an earlier court order not to do so.

"The EC should apologize for insulting the judiciary for acting centrally to the Parliamentary Elections Act, it's a shame to the EC institution," he said.

He added that he was surprised that the counsel for Ssekikubo, Caleb Alaka was ignorant on subject matter.  Alaka had earlier argued that the chief magistrate's court ceased to have jurisdiction over the matter.

 He said he expected the Chief Magistrate court to follow the direction of the constitution court which had dismissed the matter.

 Alaka said the Chief Magistrates court cannot preside over the matter after Ssekikubo was gazetted.  

"It's only the High Court which can order for the removal of Ssekikubo from the gazette, whether Ssekikubo was wrongly gazetted is immaterial before this court," he said.

Jovial Nkalubo told The New Vision after the ruling that Ssekikubo should accept court order for a vote recount.

 "I'm ready to concede defeat if we find out that Ssekikubo rightly won the election after a vote recount," he said.  Ssekikubo defeated his political arch rival Nkalubo with 1100 votes.

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