By Ezrah Kashumbusha.
KAMPALA, March 20, 2024 | The Court of Appeal in Uganda, has issued an order evicting Agule County Member of Parliament, Polycarp Ogwari, from Parliament. Court ordered Polycarp to vacate his seat and hand it over to David Ochwa because he was illegally nominated during the 2021 general elections. During the 2021 general elections, Ogwari, running as an independent candidate, was declared the winner with 7190 votes, while Ochwa came in second with 6908 votes.
The court’s decision comes after Ochwa lodged an appeal contesting Ogwari’s nomination, citing irregularities during the electoral process. Ochwa, who ran under the NRM party, contested the legality of Ogwari’s victory, alleging voter intimidation, bribery during the election and illegalities during the nomination process.
In his petition to the High Court in Mbale, Ochwa alleged electoral malpractice and questioned the validity of Ogwari’s nomination, claiming that he lacked the required academic credentials. The case initially went to Mbale High Court, then the Court of Appeal which ruled in Ochwa’s favor in April 2022, ordering a retrial before a different High Court judge. On December 15th, 2022, Justice Moses Kazibwe nullified Ogwari’s victory, leading to the current appeal.
The Court of Appeal justices, including Fredrick Engonda-Ntende, Eva Luswata, and Oscar Kihika, ruled that Ochwa was illegally nominated due to insufficient academic qualifications. They highlighted that Ochwa only possessed a certificate in Electrical Installation, obtained after completing senior four, at the time of his nomination.
The justices emphasized that the failure to submit the required Certificate of Equivalence, issued by the National Council for Higher Education, rendered Ochwa’s nomination invalid. They upheld the decision of High Court Judge Moses Kazibwe, who had previously nullified Ogwari’s victory, stating that the judge was well-informed and had correctly applied the law.
As a result of the court’s ruling, Ogwari has been directed to vacate his position as the Member of Parliament for Agule County Constituency, with immediate effect. Additionally, he has been ordered to cover the costs incurred by Ochwa during the legal proceedings.
The Electoral Commission and the Speaker of Parliament have been formally notified of the court’s decision, marking the end of Ogwari’s tenure as a member of parliament.
