By Ambrose Kweronda
The High Court in Kabale has struck off Hajji Ahmed Naduli Musisi, the Kabale District Electoral Commission Registrar from the Ndorwa County East election petition.
Protazio Begumisa filed a petition against the winner Wilfred Niwagaba. Niwagaba got 15,962 votes while Begumisa who was the National Resistance Movement (NRM) party flag bearer got 15,826 votes.
But, Begumisa challenged the results and petitioned the court. Begumisa through his lawyer Justus Muhangi sued Niwagaba together with the Electoral Commission.
He also sued Hajji Ahmed Naduli Musisi, the Kabale District Electoral Commission Returning Officer as an individual.
Begumisa accused Niwagaba of rigging, voter bribery, and harassing his agents.
According to the petition, Niwagaba connived with his brother-in-law Alexander Kyokwijuna, a business consultant and a resident of Kigarama in maziba sub-county and harassed his agents especially in the sub-counties of Maziba and Buhara.
Begumisa also alleged that Niwagaba connived with the police officers who had been deployed in Ndorwa East to rig his victory.
He also argued that at the tally Centre, Niwagaba connived with Nadulli to alter the results in Niwagaba’s favour.
During a scheduling meeting last week, Eric Sabiiti, the Electoral Commission lawyer raised a preliminary objection against Begumisa for suing Naduli as an individual. He argued that it is against the law.
Niwagaba’s lawyers led by Medard Lubega Ssegona, the Busiro County East Constituency MP and Theodero Ssekikubo, the Lwemiyaga county MP raised preliminary objections against Begumisa’s petition and demanded that it be quashed with costs on arguments that he did not have proper affidavits.
Ssegona also said that Begumisa’s supplementary affidavits have an anomaly because they were filed and sworn in instalments yet filing should be done at once.
Justice Phillip Odoki, upheld Sabiti’s preliminary objection and struck off Naduli from the petition with costs and saying that reasons will be in the judgment. Odoki also overruled all other objections saying that they lack merit.
The court is yet to fix the date for the hearing of the petition
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