The Supreme Court of Uganda has dismissed a petition brought forth by a voter seeking the removal of Anita Among as an unopposed candidate for the position of Bukedea district woman Member of Parliament. The petitioner, Hellen Odeke Akol, also requested the Electoral Commission (EC) to conduct a fresh nomination exercise and set a new election date for the Bukedea district MP seat.
The five-member panel, headed by Chief Justice Alfonse Owiny-Dollo, declined to grant the orders requested by Akol. Their decision was grounded in the belief that implementing such orders would unfairly affect Among, as she was not given the opportunity to present her case before the court, considering she was not a party to the suit.
Anita Among, the current Speaker of Parliament, remains at the center of this legal dispute. The other justices on the panel include Faith Mwondha, Percy Tuhaise, Mike Chibita, and Elizabeth Musoke.
Chief Justice Owiny-Dollo, delivering the ruling on May 7, 2024, stated, “I find that the appellant is not entitled to any of the orders she has sought in this appeal. I, therefore, dismiss the appeal with costs to the respondent.”
The justices further explained that Akol’s appeal lacked a legal basis and was destined for failure because the court did not have the authority to grant the requested orders. They criticized the Court of Appeal for permitting an amendment to the memorandum of appeal that introduced requests for consequential orders without Among’s involvement in the proceedings.
According to Chief Justice Owiny-Dollo, such amendments could potentially infringe on Among’s rights and were therefore deemed inappropriate by the court. He emphasized that it was essential for the court to ensure that any amendments to the appeal process would not prejudice the rights of the respondent or any other relevant party.
In delineating the court’s jurisdiction, the justices referred to specific provisions within the Parliamentary Elections Act, 2005, and the Electoral Commission Act. They clarified that only the High Court possesses the authority to issue orders regarding the degazetting of Among as an unopposed candidate.
Additionally, the justices noted that Akol had previously withdrawn a petition against the EC’s decision in 2020, further complicating the legal landscape surrounding this matter.
