Lubwama wants case dismissed

COURT|POLITICS|EDUCATION

KAMPALA - Rubaga South MP Paul Kato Lubwama has asked the Court of Appeal to throw out a 2016 case in which Habib Buwembo, a voter, challenged his academic credentials.

In a memorandum of appeal filed yesterday, Lubwama argues that the High Court judge erred in law when she held that the court had jurisdiction to extend the 30- day period in which an MP's election can be challenged under the doctrine of checks and balances.

"The learned trial judge misconstrued the provisions of Article 86 of the Constitution and Sections 60 and 86 of the Parliamentary Elections Act and arrived at a wrong conclusion, allowing extension of time to file an election petition under the aforesaid provisions of the law," Lubwama contends.

Section 60 (3) of the Parliamentary Elections Act, 2005 states that every election petition shall be filed within 30 days after the day on which the result is published by the commission in the gazette.

Lubwama has already been nominated by the Electoral Commission (EC) to run for the second term.

Lubwama further claims that the judge erred in law when she held that Buwembo had locus to file the application without being supported by the signatures of not less than 500 voters in the constituency.

Through his lawyer Luyimbaazi Nalukoola, the MP contends that, "the learned trial judge erred in law when she held that the High Court has jurisdiction to increase time for filing an election petition without regard to rule 19 of the Parliamentary (Election Petition) Rules".

Lubwama maintains that the trial judge was wrong in holding that court was only required to evaluate evidence relating to special circumstances.

He further argues that the trial judge wrongly reached a conclusion that he had committed fraud in respect of his qualifications and that this amounted to special circumstances for grant of extension of time within which to file a petition.

He also accuses the trial judge of erroneously granting a certificate for two counsels in the matter.

Under Articles 140 and 104 of the Constitution, the Judiciary is required to expeditiously handle electoral petitions and it allows justices of the court to put aside any other pending cases in order to dispose of election matters.

This, however, seems not to be the case in Lubwama's case as it has stayed in the court system since 2016.

Last month, Justice Elizabeth Musoke, Geoffrey Kiryabwire and Irene Mulyagonja gave Lubwama 14 days to file his appeal challenging the High Court decision.