The Court of Appeal in Kampala has ruled that Yuventine Omara, the Abim District LCV Chairperson, must vacate his position. Omara was elected while still serving as an officer in the Uganda People’s Defence Forces (UPDF).
John De West Ariko, who ran against Omara as an Independent candidate, has been declared the winner of the election and is set to assume office immediately.
In a judgment issued by a panel of three Justices – Frederick Egonda-Ntende, Catherine Bamugemereire, and Eva Luwaga – the Speaker of Abim District has been formally notified of Omara’s removal from office.
Ariko, represented by lawyer Jude Byamukama, succeeded in a cross-appeal, leading to the court’s decision.
The Electoral Commission declared Omara of the NRM party as the winner of Abim in 2021, with 14,417 votes, while Ariko garnered 4,809 votes. However, Ariko challenged the results, arguing that Omara was ineligible for the position as he had not resigned from the UPDF.
Despite initial dismissal of Ariko’s petition by Lady Justice Jane Kajuga, Ariko pursued the matter, contending that Omara’s nomination and election were unconstitutional.
The Court of Appeal, led by Deputy Chief Justice Richard Buteera, ordered a fresh hearing of the election petition before a different judge after overturning an earlier decision.
In March 2023, the High Court nullified Omara’s election, calling for a fresh election. Both Omara and Ariko appealed this decision, leading to further legal proceedings.
The Court of Appeal highlighted similarities with previous cases, indicating that Omara’s participation in the election while still a UPDF member invalidated the process.
The justices emphasized that Omara’s significant victory margin did not legitimize his illegal participation in the election.
The court concluded that Omara had not been discharged from the UPDF by the time of his nomination, rendering him ineligible for candidacy.
The ruling is final in election disputes, according to the Court of Appeal.
