The high court will today Monday rule on a petition in which an NRM flagbearer for the Kitgum LC5 Chair was blocked from nomination by the Electoral Commission (EC).
In an Election Petition No. 2 of 2015 filed at Gulu High Court, George Willian Labeja, through his lawyer Julius Galisonga of Galisonga & Co. Advocates is seeking a court order to compel the EC to nominate him.
In a hearing last week, Galisonga argued before Gulu High Court Judge Lady Justice Mutonyi that failure by the EC to nominate his client on grounds that his academic papers were not verified by the National Council for Higher Education (NCHE) was illegal.
Galisonga stated that by declining to nominate Labeja, the Returning Officer for Kitgum district contravened Section 111 of Local Government Act as well as the Electoral Commission Act.
Galisonga further argued that the Returning Officer has no power to decline the nomination of the NRM flag bearer since Labeja possess an Advanced Level certificate which is a minimum qualification for one to contest as LCV chairperson.
Joan Aduru, the EC Returning Officer for Kitgum had demanded that Labeja verify his Diploma in Community Based Rural Development.
Labeja was forced to travel to Kampala consequently missing nomination after he reportedly returned to Kitgum at around 8 pm on the last day designated for nomination.
But Patrick Wetaka, a lawyer representing the EC asked court to dismiss the petition with a cost.
Wetaka argued that under section 15 subsections 2 & 3 of Election Commission Act, all individuals who are intending to run for an electoral office must meet the set requirements as well as satisfy the electoral body.
Wetaka told court that besides failing to meet the requirements, the petitioner (Labeja) failed appear before EC officials at the gazzeted time.
The lawyer explained that nominations period was designated to be conducted between November 16-20, 2015 starting from 9am and ending at 5pm.
He accordingly asked court to dismiss the petition with cost saying the process cannot be carried in a back and forth manner.
Lady Justice Mutonyi set Monday, February 1, 2016 as date for her ruling on petition.
