The Court of Appeal will go ahead to deliver its earlier judgment on Wednesday this week in an election petition between Bukoto South MP Muyanja Mbabali and Democratic Party Secretary General Mathias Nsubuga.
The Court of Appeal will go ahead to deliver its earlier judgment on Wednesday this week in an election petition between Bukoto South MP Muyanja Mbabaali and Democratic Party Secretary General Mathias Nsubuga.
This is after the judiciary maintained that there is no leaked judgment in circulation as it had been earlier alleged by Mbabaali.
In a press statement read this afternoon by the judiciary spokesperson, Elias Kisawuzi, it was ordered that in order to meet the interests of justice, there will be no retrial of this election appeal as it had been ordered by the Deputy Chief Justice Alice Mpagi-Baheigeine.
Kisawuzi further noted that once a court is seized with hearing of a case, and no any person or authority can influence or interfere with it in the exercise of its judicial functions.
On 21st December, 2011, 3 justices of the Court of Appeal including Constance Byamugisha, Augustine Nshimye and Stella Amoko Arach heard Mbabaali’s appeal and promised to deliver their ruling as soon as they were ready.
Last week, the Chief Justice, Benjamin Odoki, ordered quick delivery of judgment in the election appeal, overturning another order for a retrial issued by his deputy, Lady Justice Bahigeine in April this year.
Justice Bahigeine’s directive was based on grounds that the long-awaited judgment had been leaked to the public before its official delivery.
Nsubuga lost to Mbabaali in the February 2011 elections for the Bukoto South parliamentary seat.
He however, petitioned the High Court in Masaka claiming that Mbabaali did not have the requisite academic qualifications for a Member of Parliament.
On September 2, 2011, Justice Alphonse Owiny-Dollo ruled in Nsubuga’s favour and nullified Mbabaali’s election, but the latter petitioned the Court of Appeal.
Before the appellant court delivered its verdict, Mbabaali petitioned the Chief Justice on March 30, 2012, claiming that the judgment had leaked and was circulating in his constituency.
This forced the deputy Chief Justice to order for a retrial before a new panel of judges. The original coram had justices Constance Byamugisha, Augustine Nshimye and Stella Amoko Arach.
But Nsubuga, through his lawyers of Alaka & Company Advocates, wrote to the Chief Justice on May 9, 2012, demanding speedy release of the judgment arguing that there was no legal basis for a retrial.
election petition of bukoto south
2011 election petitions
mp muyanja mbabaali
democratic party secretary general mathias nsubuga