Election petition: Lubwama, Buwembo ordered to file fresh submissions

COURT  | POLITICS

KAMPALA - The Justices of Court of Appeal have directed Lubaga South Member of Parliament Paul Kato Lubwama and his voter Habib Buwembo to file fresh submissions in their election petition case.

On Monday, Justices Geoffrey Kiryabwire, Elizabeth Musoke, and former Inspector General of Government (IGG), Irene Mulyagonja, directed Lubwama's lawyers to file their submissions to court by Friday, this week.

The Justices further ordered that Buwembo's lawyer file a reply to the submissions by July 29, and Lubwama's lawyer file a rejoinder by July 31.

Justice Kiryabwire, thereafter, said the ruling date will be announced to the parties when it is ready.

Lubwama is being represented by Caleb Alaka, Luyimbaazi Nalukoola and Samuel Muyizzi while Buwembo by Isaac Ssemakadde.

"We have a problem with the way the respondents are answering the application," Alaka complained, prior to the adjournment but justice Kiryabwire told him to file it in writing with clarity and supporting authorities.

Lubwama is challenging the High Court decision, which allowed his voter Buwembo to file an election petition against him out of time as stipulated under the law.

In 2016, Buwembo petitioned the High Court seeking to unseat Lubwama on grounds that he did not have the requisite minimum academic requirements for him to represent the people of Lubaga South.

Before hearing the petition, Lubwama sought to throw out Buwembo's case, arguing that it was filed out of time.

But, retired High Court judge Margaret Oguli-Oumo on December 19, 2016, granted Buwembo permission to file an election petition against Lubwama within 30 days, hence the appeal.

Court documents indicate that Lubwama failed English, Mathematics, and Commerce, but got a credit three in Christian Religious Education, a pass eight in history and Geography respectively.

According to Buwembo, the results did not merit Lubwama a Uganda Certificate of Education (UCE), a prerequisite for taking Uganda Advanced Certificate of Education (UACE) that ordinarily enables a person to pursue a diploma or degree course at a University.

It is alleged that Lubwama used UCE documents to sit mature age entry exams to be admitted for a diploma in Music, Dance and Drama at Makerere University.

Court documents indicate that Lubwama joined Makerere University in 1993 after he presented a letter from UNEB, confirming that he sat for his O' level.

Arguments

Lubwama contends that Buwembo's petition was not supported by 500 signatures of Rubaga South voters as required by the law.

He argues that filing an application out of time has to be backed by 500 signatures from the electorate.

However, Buwembo contends that Lubwama does not have the right to appeal against interlocutory matters, saying they should wait for the High Court to determine the petition and then appeal.

Interlocutory refers to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue.

Buwembo insists that there was no need to stay high court proceedings since Lubwama is an MP and court has not yet determined the winner of the petition.