High Court civil division Judge, Lydia Mugambe threw Sematimba out of Parliament for lack of academic qualifications
Embattled Busiro South MP, Peter Sematimba has asked court for an extension of time in which to file an appeal, challenging a High Court decision that nullified his election due to lack of required academic papers.
Lawyers representing Sematimba told the Court of Appeal presided over by Justice Cheborion Barishaki to give them time to file records of appeal. He was represented by Geoffrey Kandebe, Arnold Kimara and Barbra Akullo.
However, the lawyer representing Steven Ssekigozi, Rashid Semambo and Renato Kania informed court that they were served with the application for extension of time late.
They therefore requested court to give them time, so that they can consult their client before they either allow or disagree with it.
This prompted the judge to adjourn the case to November 4, when the parties are expected to submit on the said application.
On June 10, 2016 High Court civil division Judge, Lydia Mugambe threw Sematimba out of Parliament for lack of academic qualifications and ordered the Electoral Commission (EC) to conduct fresh elections for Busiro South Parliamentary seat.
One of Sematimba's political rivals in the February elections, Ssekigozi from Democratic Party (DP) had dragged Sematimba to court challenging his academic papers.
In his appeal, Sematimba faulted Justice Mugambe for failing to properly evaluate the evidence and facts on record when she found that his diploma certificate presented for equation was not legally authentic, valid and existent.
"The trial Judge erred and failed to evaluate the evidence on record when she held that I did not present proper or valid academic papers to National Council for Higher Education (NCHE) for equation," he contends.
He argued that Justice Mugambe misdirected herself on the law relating to the evidential burden of proof in regard to allegations of fraudulent, forged and invalid academic qualifications
Sematimba further asserts that the Judge failed to properly evaluate his evidence on record thereby arriving at the conclusion that he did not adduce evidence proving that he attended Pacific Coast Technical Institute and got awarded a diploma in Electronic and Computer Technology.