Court of Appeal Annuls Abim LC5 Chairperson’s Election

Ezrah Kashumbusha.

ABIM, February 13, 2024 | The Court of Appeal has directed Captain Yuventine Omara, the Chairperson of Abim District’s LC5, to vacate his office due to his election while serving as a Uganda Peoples Defence Forces (UPDF) officer. The court declared Johnny De West Ariko, Omara’s close rival in the election, as the rightful winner.

Justices Fredrick Egonda-Ntende, Catherine Bamugemereire, and Eva Luswata emphasized the illegality of Omara’s participation in the election process while still a member of the UPDF. They ordered Omara to step down from the LC5 Chairperson seat immediately, paving the way for Ariko to assume office.

While acknowledging Omara’s significant victory margin in the election, the justices stressed that his participation in the primaries, nomination, and subsequent election contravened electoral regulations. Despite being nominated by the Electoral Commission alongside Ariko in 2020, Omara’s failure to resign from the UPDF rendered his candidacy ineligible.

Ariko, following the election results, filed a petition at the High Court in Soroti seeking to nullify the outcome. The court agreed with Ariko’s contention that Omara’s dual status as a UPDF officer and candidate for political office disqualified him from standing for election. The failure of the Electoral Commission to disqualify Omara further underscored the irregularity in the electoral process.

Consequently, the High Court set aside the election results and ordered a rerun. However, Omara appealed against this decision, leading to today’s ruling by the Court of Appeal.

The verdict marks a victory for Ariko and highlights the importance of upholding electoral laws and principles of fairness and integrity in the democratic process. It serves as a reminder of the need for strict adherence to eligibility criteria for political office, ensuring that candidates meet the necessary qualifications to represent their constituents.

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