The Court of Appeal has upheld Paul Nsubuga’s victory as Busiro North parliamentary representative.
This followed the dismissal of an election appeal filed by Edgar Lubadde on grounds of failing to serve the record of appeal within the stipulated time of 30 days.
In a judgment on Tuesday by a three-paneled Court of Appeal Justices comprising the Deputy Chief Justice Richard Buteera, Hellen Obura, and Catherine Bamugemeire, Lubadde will also pay the costs of the appeal to Nsubuga and the Electoral Commission.
Lubadde, a Democratic Party (DP) candidate in the Busiro North Parliamentary race challenged the election of Nsubuga of the National Unity Platform (NUP) on grounds that he lacked academic qualifications to contest as a Member of Parliament as required by law, at the time of his nomination.
For one to contest as a parliamentary representative, the law requires one to have completed a minimum of an Advanced level of Education or its equivalent.
However, Lubadde had argued that in the absence of the qualification, Nsubuga presented to the Electoral Commission academic documents that did not belong to him, but to another person.
He told the High Court that although he contested as Nsubuga, his real name is Peter Mukalazi, and his traceable academic journey ended at Primary Leaving Examinations (PLE).
The court heard thereafter, that Mukalazi fraudulently usurped a UPDF scholarship solely meant for the sons and daughters of army personnel, and to achieve this, he reportedly had to change his name from Mukalazi Peter to Paul Nsubuga, and the name of his father Mathias Kibuuka who was never a UPDF soldier to Charles Mbabaali.
But Lady Justice Winfred Nabisinde in September dismissed the petition on grounds that Lubadde had not provided sufficient evidence to back up his claims and that there was no restriction imposed on parents on how they can name their children.
Lubadde appealed arguing that Nabisinde had failed to evaluate properly the evidence brought before her and she ended up upholding Nsubuga’s victory erroneously, which resulted in a miscarriage of justice.
In their judgment on Tuesday, the Court of Appeal Justices described Lubadde’s appeal as incompetent and struck it with orders that he pays costs both at the lower Court and the Court of Appeal.
“If indeed the applicant and his counsel were mindful of the strict timelines in election matters, they would have been vigilant in ensuring that service was done in time since the filing of record of appeal was also out of time. We further observe that there was no even medical form attached to the applicant’s affidavit as proof of the alleged sickness of the clerk”, said the Justices.
Democratic Party’s Lubadde garnered a total of 199 votes while NUP’s Nsubuga obtained 21,401 votes.