The court found that there were four different results for the two candidates leading to the confusion.
Achayo was first declared winner of the Ngora County elections with 9,517 votes. Abala who had garnered 9,226 votes was instead declared winner by the Electoral Commission in Kampala.
The petition was filed by Anne Ameco and another on grounds that the election was not conducted in accordance with the principles laid down in the provisions of the 1995 Constitution of the Republic of Uganda, the Parliamentary Act, as amended and the Electoral Commission Act.
The affidavits were rejected by Achayo’s lawyers on grounds that the witnesses presented varying signatures and that they lacked certificate of translation. The lawyers also argued that while the witnesses claimed to be illiterate, some were able to read and write and also comprehend English, which is the official language of court.
Achayo, a candidate for the ruling National Resistance Movement- NRM party was declared winner of the January polls by the Electoral Commission in Kampala, with 9,517 against 9,226 votes polled by her rival David Abala, yet earlier Ngora District Returning Officer Peter Toddu had announced Abala as the winner with 8,317 against 7,828.
Ossiya attempted to unseat Koluo through the just-concluded 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.
Eight of the affidavits to support his petition were sworn by the Presiding Officers, Polling Assistants, biometric Voter Verification Officers and others in Acerer, Naregae, Arengkeju and Lopur Polling Stations among others.
Justice Anne Mugenyi Bitature says that there was gross noncompliance with the provisions of the Parliamentary Elections Act, the Electoral Commission Act, the Local Government Act and the Constitution of the Republic of Uganda, which substantially affected the poll results.
Eight election officials, among them Presiding Officers, Polling Assistants, and Voter Verification Officers from Acerer, Naregae, Arengkeju and Lopur Polling Stations, among others, filed affidavits in support of the petition filed by Paul Oloo, an independent candidate who lost the recent parliamentary elections.
Jude Byamukama of Jude Bwamukama & Co. Advocates who is the lead lawyer of the Koluo said that out of the 60 affidavits filed by the petitioner, 56 didn’t have the names and addresses of the witnesses.
The petitions are from Dodoth East Constituency in Kaabong District, Toroma County in Katakwi district, Soroti East and Soroti West Divisions in Soroti City, Ngora County in Ngora district and Matheniko County in Moroto district. The others are Labwor County in Abim district and the local government elections in Bukedea.
The trio appeared on Tuesday evening before the Soroti Grade one magistrate, Fortune Nyipir after following the sanctioning of their file by the State Attorney. Nyapir charged the trio with the offence of receiving stolen property contrary to section 314 of the Penal Code Act.
During the hearing, the Auditor General through an affidavit of Senior Auditor, General Bashir Lubega opposed the application, saying that the forensic investigations and reports were done in line with the National Audit Act of 2008 and therefore are in line with the required procedure.
Pian County MP Remigio Achia ran to court, seeking a temporary injunction on the recruitment of staff on grounds that the process of recruitment and the running of job adverts were without the approval of the interim district council of Nabilatuk. Achia also challenged the minutes of council attached in the advert as not being authentic.
The petitions are from Dodoth East Constituency in Kaabong District, Toroma County in Katakwi district, Soroti East and Soroti West Divisions in Soroti City, Ngora County in Ngora district and Matheniko County in Moroto district.
On Wednesday, Justice Wilson Masalu Musene overturned his ruling and reverted the two Aloet and Opiyai wards to Soroti East Division basing on the affidavits from the Local Government Minister Raphael Magyezi.
In Wednesday’s judgement, the same judge reversed his decision on grounds that the November judgement was based on wrong documents. Justice Musene reversed his decision basing an affidavit by Local Government Minister, Raphael Magezi.
The application is seeking review of November 26th, 2020 ruling where Justice Masalu reverted Aloet and Opiyai wards to Soroti City West Division. The wards, that were initially in Soroti City West during creation of Soroti City were moved to Soroti City East Division. The application is also seeking to nullify elections of Soroti City.