Court of Appeal has dismissed with costs an appeal which was filed by Edgar Lubadde challenging the High Court decision which upheld the election of Nsubuga Paul as the validly elected member of Parliament for Busiro North Constituency in Wakiso District.
The panel of three justices; Richard Buteera (Deputy Chief Justice), Hellen Obura and Catherine Bamugemereire dismissed this appeal on grounds that the appellant (Lubadde) didn’t serve in time the respondent’s lawyers (Lukwago and Company Advocates) as per the rules governing Parliamentary Election Petitions.
The justices noted that service is not only tied to Clerks as Lubadde’s lawyer wanted court to believe when they reported that their clerk was sick.
Court also ruled that prosecution didn’t present any evidence (medical) to prove that their clerk was sick.
Addressing the press after the court session, Nsubuga vowed to pursue his rival to pay costs for the petition noting that he has wasted a lot of time and resources on the case.
“I thank God that Court is now over, the citizens of Busiro are waiting for service delivery and we are ready with my team to focus on developmental programs for the constituency,” Nsubuga said.
He commended his lawyers and constituents for the extended support they have rendered to him especially during the court proceedings.
Lubadde, one of the contestants in the 2021 General elections for Busiro North Election MP seat garnered 199 votes against Nsubuga’s 21,401.
After the results were announced, Lubadde petitioned court seeking nullification of the election on grounds that the winner had changed names from Mukalazi Peter, who only possessed Primary Leaving Examinations (PLE) Certificate, to Nsubuga Peter, without following the due process of the law.
In September 2021, High Court Judge Winfred Nabisinde dismissed the petition. Being not satisfied with the decision, Lubadde petitioned the Court of Appeal, only to lose the case, again.
