Court of Appeal sitting in Kampala has declared John De West Ariko as the new Abim district LC5 Chairperson after ordering Captain Yuventine Omara to vacate office having established that by the period of election he was a serving member of Uganda People’s Defence Forces (UPDF) which contravenes electoral laws.
In the majority decision of three justices of Appeal namely; Egonda Ntende, Catherine Bamugemereire and Eva Luswata , the appeal was dismissed and Cross Appeal which was filed by Johnny Ariko has been allowed.
“Mr. Ariko Johnny De West the respondent/cross appellant is declared as the winner of the election for the seat of LCV Chairperson of Abim District, and shall take office with effect from the date of this Judgment.” ruled court
The justices also noted that they the Electoral Commission and the Speaker of Abim District are hereby formerly notified that Mr. Omara Yuventine shall from the date of this judgment cease to be the Chairperson of Abim District Local Government Council.
Captain Yuventine Omara shall pay Ariko the costs of this appeal and cross appeal, and costs in the Court below.
Background
Captain Yuventine Omara (the appellant) was nominated by the Electoral Commission (hereinafter EC) and together with Ariko Johnny De West (the respondent) contested for the position of LC. 5 Chairperson of Abim District.
The elections were conducted by the EC on 20/1/2021 at the conclusion of which, the appellant of the NRM Party, was returned and gazetted as the duly elected LC. 5 Chairperson of Abim
District with 14,417 votes, and the respondent (an independent Candidate) garnered 4,809 votes. The respondent contested the result in Election Petition No.7/2021 filed in Soroti High Court, and with reasons, prayed that the election be set aside. He in addition prayed that that he be declared the duly elected LC.5 Chairperson of Abim District.
Judgment at the High Court was delivered on 9/3/2023 in favor of the respondent. The trial Judge agreed with the respondent that
He had jurisdiction to entertain the petition brought under Sections 138 and 139 of the Local Governments Act (LGA).
It was further held that the appellant who had at the time of his Nomination not resigned from the Uganda People’s Defence Forces (UPDF), did not qualify for nomination and that the EC failed or refused, as required by statute, to determine the respondent’s complaints regarding the validity of the appellant’s nomination.
The Judge then set aside the election with costs, and ordered for Fresh elections. The appellant being dissatisfied with the judgment and orders of the High Court, appealed to this court with a number of grounds.
Court ruled that the fact of receiving salary by Captain Yuventine Omara who contested in the elections for the months of July , August , September 2020 , itself would not result into annulling the election, but what was Significant is that the appellant omitted to follow the correct procedure to secure his discharge from the army, and as such, was wrongly nominated.
“Our conclusion from the analysis of the evidence is that the trial Judge was correct to find that by the time of his nomination on 28/9/2021, the appellant had not yet been discharged from the UPDF and therefore, he was not qualified for nomination as a candidate to the position of District LC 5 Chairperson of Abim District.”
In Cross Appeal , Ariko faulted the trial judge of having erred in law when he did not declare him a validly elected Chairperson for Abim District.
That the same judge also erred in law when he did not find him unopposed on close of the nomination exercise.
