Gulu resident High Court Lady Judge Margret Mutonyi on Monday dismissed an electoral petition in which George William Labeja, the official NRM party Flagbearer for Kitgum LCV seat was challenging a decision by the Returning Officer for the Electoral Commission (EC) not to nominate him.
In an Election Petition No. 2 of 2015 filed at Gulu High Court, Labeja, through his lawyer Julius Galisonga of Galisonga & Co. Advocates, the Labeja was seeking for a court order to compel the electoral body to nominate.
Gasilonga argued before Lady Justice Mutonyi on Friday last week 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 noted that by declining to nominate Labeja, the Returning Officer for Kitgum district has 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 run as LCV chairperson.
Labeja’s lawyer demanded that court compels the EC to nominate his client.
In November 18, 2015, Joan Aduru, the EC Returning Officer for Kitgum declined to nominate Labeja on grounds that his academic papers were not verified by either UNEB or National Council for Higher Education (NCHE).
But in her ruling delivered on Monday, Lady Justice Mutonyi said the election official acted in accordance with the law.
Justice Mutonyi defended the action of the electoral commission noting that it is the responsibility of the EC to ensure that due process is followed by those intending to run for political office.
The judge ruled that as required by the law, academic qualifications should either be certified by the National Council of Higher Education or Uganda National Examinations Board (UNEB), the bodies charged with certifications.
She also raised doubt on the Diploma in Community Based Rural Development which Labeja is purported to have attained saying it is not clear whether the institution has been accredited.
Labeja blamed his lawyers for failing to submit his certified copies to the court. His lawyer, Julius Galisonga was not present at court to respond to the matter.
Three candidates are contesting for the Kitgum district LC5 Chairperson’s seat. They include Luka Nyeko, Jackson Omona and Tonny Blair.
