City Lawyer challenges court of Appeal mandate on election petitions

The Court of Appeal has been dragged to the Constitutional Court for failing to timely execute its mandate over election matters.

City lawyer,  Krispus Ayena Odongo is seeking a declaration that all judgments/decisions given by the Court of Appeal in election matters after the lapse of the  prescribed six months are null , void and of no consequence in law.

Odongo says according to the amended Parliamentary Elections Act 2010, the Court of Appeal is given only six months within which to determine all election appeals and that its jurisdiction ceases upon the expiry of those six months.

Odongo, who lost the Oyam North parliamentary seat to Defence Minister Peter Okello Macodwogo, says the Lira High Court decision which nullified the minister's election should be enforced.

Odongo also wants the Constitutional Court to declare as unlawful the section of the PEA that bars a dissatisfied party the right to appeal to the Supreme Court on election matters.

He contends that the right to appeal to the Supreme Court is non -derrogable and cannot be taken away by a mere Act.

Odongo's petition which is also filed against the Attorney General has not yet been fixed for hearing.

At the time Odongo filed this petition, a number of election matters were still being heard and others are pending judgment close to two years after the 2016 elections.