{The court case challenging the victory of Lwemiyaga MP-elect Theodore Ssekikubo has taken a new twist with Masaka High Court Registrar issuing an interim order staying his removal from the national gazette list.}
This comes barely a day after Masaka Chief Magistrate, Samuel Munobe ordered for the degazzeting of Mr Ssekikubo pending hearing and disposal of a miscellaneous application seeking for a vote recount filed by his political arch rival Patrick Nkalubo.
The order staying Ssekikubo’s removal from national gazette was issued Friday evening by Masaka High Court Registrar, Baker Rwatooro.
“This order is hereby ordering that the proceedings in Misc. application No.11 of 2016 before the Masaka Chief Magistrate at Masaka be stayed pending the hearing and disposal of Misc APP. No. 58 of 2016 fixed for hearing on the 13 day of May 2016,” the order issued on Friday evening , reads in part.
“…the execution of the de- gazzettement order be stayed pending the hearing and disposal of Misc.App.No.58 of 2016 fixed for hearing on the 13th day of May 2016 or until further orders by this court,” added the court.
However, by the time the court order was issued, EC had already communicated to Uganda Printing and Publishing Corporation (UPPC), the official publishers of the Uganda Gazette to remove Ssekikubo’s name. EC spokesperson, Jotham Taremwa said they did so in compliance with an earlier court order issued by Masaka Chief Magistrate Samuel Munobe. On Thursday, the Masaka Chief Magistrate ruled that Ssekikubo was illegally listed in the national gazette and ordered the EC to withdraw his name.
The latest order by Masaka High Court comes at time when the Chief Magistrate had started hearing an application filed by Nkalubo through his lawyers, Richard Etayu and Esther Tayebwa seeking for a vote re-count.
On Friday, Nkalubo’s lawyers had submitted that results from over 82 polling stations in Lubale Parish in Lwemiyaga sub- county had numerical errors that could be rectified only when court had granted an order allowing for a re -count of the votes so that voters can know the right person who won the election.
However, Munobe postponed the case to May 11 so that he could allow more time for Ssekikubo’s lawyers to file a defense and make their submissions before he can make a ruling.
“I very much cherish the principal of balance and fair play, so to enable the respondents make their submissions. I adjourn the case to May 11 for further hearing” the Chief Magistrate ruled.
Ssekikubo welcomed the High Court order, saying that it’s a victory for him and the people of Lwemiyaga who overwhelmingly voted for him.
“How can someone with such many votes be removed from the gazette when those that did not get many votes like what I got were gazetted? I am happy that justice has at end prevailed” he said.
Mr Ssekikubo ,who was the ruling NRM flag-bearer was declared winner of Lwemiyaga County parliamentary seat with 9,272 votes, beating Mr Nkalubo (ind.) who garnered 8,074 votes followed by Wilber Nahwera (157 votes) and Andrew Ankunda (68 votes).
But through an application filed on February 26, Mr Nkalubo challenged the results arguing that they were not genuine thus asking court to nullify them and eventually order for a re-count.
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