Justice Vincent Kibuuka Musoke has dismissed a petition challenging the declaration of Fred Muhangi as the NRM candidate for Lyantonde LC V seat. Justice Musoke made the ruling this evening at Masaka High court.
Last week, Fred Nayebale Kyamuzigitta, incumbent Lyantonde LC V chairman secured a court injunction blocking the nomination of Muhangi as the official NRM party candidate. In his petition filed through John Tumwebaze, Nayebale alleged that Muhangi was fraudulently declared winner in the 30th August NRM polls.
He argued that Muhangi was declared winner with 15660 against Nayebale's 11908 votes. He claims that results from six villages of Kasagama sub county, where Nayebale comes from where excluded from the final tally to deny his client victory.
Nayebale also faulted Prof. Elijah Dickens Mushemeza, the new NRM EC chairperson of declaring Muhangi as winner of the primary grounds.
But today, Frank Kanduho, the counsel for Fred Muhangi and NRM dismissed Nayebale's petition as misleading. He told court that the results presented by Nayebale were fabricated.
According to Kanduho after the primary elections NRM sent a probe team to Lyantonde to investigate the authenticity of the results. He explained to court that the probe team found out that Nayebale polled 11908 votes while his client garnered 15660 votes.
Kanduho argued that the probe team also interviewed Nayebale who swore an affidavit accepting the poll outcome. He wondered why Nayebale failed to dispute the results while swearing an affidavit.
In his ruling Justice Musoke dismissed the case and cleared Muhangi go ahead with his nominations. He said that the Nayebale had failed to prove beyond reasonable doubt what he called merits in his applications that would call for the annulment of the results.
Speaking to URN after the ruling, Frank Kanduho welcomed the court verdict.
He said that the judgment proves how Nayebale had fraudulently manufactured his results.
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Fred Nayebale, the defeated Lyantonde LC5 chairman refused to speak to URN saying that he needs to consult his lawyer, John Tumwebaze.
lyantonde lc5 loses