Three judges of the Court of Appeal have overturned High Court judge David Batema’s judgement in which he had ordered for fresh elections for the Luweero Woman MP seat.
The High Court ruling came in favor of DP’s Brenda Nabukenya, about it who challenged the election of Lillian Nakate citing a number of illegalities.
Nakate petitioned against this ruling in the appellant court which today decided in her favor.
In their judgment, online the three judges Steven Kavuma, Paul Mugamba and Alfonsi Dollo concurred with Nakate that Nabukenya failed to prove beyond reasonable that there was voter bribery and election malpractices during the elections.
The judges pointed out that Nabukenya’s claim that Galikwoleka polling station was taken over by hooligans who forced the presiding officer to vacate the station, was not fully proven since voting had already been concluded and the sub county supervisor with immediate effect appointed a Polling Assistant to take over.
The judges also deduced that while Nabukenya claimed voter bribery at two polling stations of St Kizito and Galikwoleka, Nakate won with a larger margin elsewhere and even if the former won all votes at these two stations, it wouldn’t change the final result.
They then ruled, “The nullification of elections therefore was unjustifiable; (Nakate) is the validly elected Woman Member of Parliament for Luweero district”
The judges ordered Nabukenya to pay Nakate’s costs from both the lower court as well as Court of Appeal.
Surprisingly at the court house, Hon Nakate did not make any comment about her triumph, despite being begged by reporters.
Nabukenya on the other hand said that since this is the last appellant court in Election petition matters she will have to abide by its decision including paying all the costs to Nakate.