The High Court in Soroti has for the second time dismissed an election petition filed by Solomon Ossiya Alemu against the Toroma County MP, Joseph Andrew Koluo.
Ossiya attempted to unseat Koluo in the January 14, 2021 parliamentary election.
However, he lost the race with 8,013 votes against 9,179 votes by the victor and challenged the outcome on grounds that the election was not conducted in accordance with the principles and provisions of the electoral laws and allegedly affected the results in a substantial manner.
Ossiya said that there were illegal practices and offences committed by Koluo, personally or with his knowledge, in connection to the election citing bribery, due influence and sectarianism, among others.
On the basis of this, the petitioner sought an order for annulment and setting aside from the election and that he should be declared winner of the January election.
But in the commencement of the court hearing, lawyers from both sides raised preliminary objections regarding affidavits and the validity of the petition.
Presiding Judge Justice Musa Ssekana found that the affidavits were filed in contravention of the law.
He said that the petitioner was responsible for the alteration of results saying that alteration of results is a criminal office and must be proved to its logical conclusions noting that the petitioner failed to prove to court the allegations and were just a mere creation of a petitioner.
He also blamed the petitioner for his failures to discharge the burden of proof in the court case.
“I, therefore, find in summary that the petition was incompetent, it was filed in contravention of the law specifically section 60 of the Parliamentary Election Act and Rules 3C,4,8 of the Parliamentary Elections Interim Provisions Rules and hereby proceed to strike it out”, Justice Ssekana said in his ruling.
The judge ruled that no order of costs be awarded.