The Court of Appeals sitting in Kampala on Monday morning nullified the election of Lucy Aciro Otim, as the Member of Parliament (MP) for Aruu North Constituency in Pader District, citing noncompliance with the election laws.
The court has consequently ordered the Electoral Commission (EC) to organise fresh elections in Aruu North.
Three judges; Richard Buteera, Barishaki Cheborion and Paul Mugamba dismissed Aciro’s appeal in which she had faulted the high court judge, David Matovu, the Mbarara resident High Court who in June last year had ruled for the nullification Aciro’s election.
Justice Matovu was sent to Gulu from Mbarara to listen to election petitions.
The court of Appeal agreed with the high court that what transpired at the magistrate’s court and the police station in Pader did not conform to the electoral laws of Uganda.
The three Judges held that the ballot boxes were destroyed and the chief magistrate was not able to order for a recount.
In February 2016, the Kitgum Magistrate’s Court ordered for a vote recount but it was never conducted after boxes containing some of the ballots were destroyed by rowdy residents who raided Pader Central Police Station where the voting materials were being kept.
This is the first election appeal to be decided by the Court of Appeal in regard to last year’s parliamentary elections.
The Court of Appeals is the last court to determine election petitions for parliamentary and local government and its decisions are final.
Both Aciro and Kidega’s laywers did not pick up their phones when contacted on Monday afternoon.
Background
The ruling National Resistance Movement (NRM)’s candidate James Nabinson Kidega, who lost the seat in the February 18 elections sued Ms Aciro and the Electoral Commission for alleged noncompliance with the electoral laws.
Kidega, who contested on the NRM ticket but lost to Aciro, an Independent candidate, petitioned the Gulu High Court seeking nullification of the election results that saw him lose by only two votes.
Achiro polled 8,599 of the total votes against Kidega’s 8,597. Only a difference of two votes separated the two candidates.
In his April 2, 2016 petition, Kidega accused his rival and the Electoral Commission (EC) of connivance to strip him off victory.
