The Court of Appeal has declared Robert Okumu the winner of the hotly contested Nebbi District chairmanship elections.
In a ruling handed out today, the appellate court upheld the recount ordered by the Nebbi Chief Magistrate’s Court which saw Okumu, a member of the National Resistance Movement overturn independent the victory of Esrom William Alenyo.
The Electoral Commission initially declared Alenyo the winner of the March 4, 2011 polls by a margin of 82 votes and gazetted him on March 7, 2011. But the recount saw Okumu surpass Alenyo by 279 votes and the Nebbi Chief Magistrate’s Court ordered that he be gazetted, which was done on March 31, 2011.
Alenyo, who contested as an Independent candidate, challenged both the recount and the gazetting of Okumu in the Arua High Court and won.
Okumu contested the High Court ruling in the Court of Appeal on a number of grounds including whether the reinstatement of Alenyo was lawful. He also wanted the appellate court to declare him the rightful winner of the Nebbi District seat.
Court of Appeal justices led by Deputy Chief Justice Alice Mpagi Bahigeine ruled in Okumu’s favour. The other judges on the bench were Remmy Kasule and Augustine Nshimye.
The Court ruled that both the recount and the gazetting of Okumu were valid because they were normal steps in the electoral process, quashing the defense’s argument that the Nebbi Magistrate’s Court ordered for the recount after Alenyo had been gazetted.
The judges also dismissed the defence argument that the recount was conducted by unauthorized persons because there was no evidence to prove that. Court also said there was nothing irregular with the appellant preferring to drag the defendant to court and not the Electoral Commission which conducted the polls.
Court concluded that Okumu was the duly elected district chairman of Nebbi. Momentarily Okumu, who was in attendance, sprung on his feet in jubilation as Alenyo’s supporters walked away crestfallen.
Okumu said he was very happy that justice had at last been done and called for unity, adding that now the weight has been removed from his shoulders and he will embark on the path of development. He extended an olive branch to Alenyo, saying he would like to meet him and they work together for the district.
Okumu’s lawyer Paul Manzi said the ruling reflected the will of the people, but Alenyo’s lawyer Charles Dalton Opwonya said he was very disappointed with the ruling.
Opwonya declared that he will take the matter before the Law Council because in his opinion it was not a correct judgment.
Meanwhile heavily armed soldiers and anti-riot police have deployed heavily in Nebbi town in anticipation of protests against the ruling.
Taking a cue from last year when Alenyo’s supporters violently protested against the recount and the swearing-in of Okumu, the security personnel deployed on Thursday after word went through that the much-awaited ruling was going to be on Friday.
Journalist Dean Okethwengu in Nebbi told URN that by midday when the ruling was being made the security forces, some moving in armoured personnel carriers, were at the ready, keeping a close watch on people listening in to the radio for the outcome.
Nebbi District Police Commander Maxwell Ogwal said he deployed his forces in time in order to avoid being taken by surprise like last year. He said so far there have been no disturbances, adding that they are leaving nothing to chance.
