Ssekikubo wrongly gazetted - rival
Mr Theodore Ssekikubo is carried shoulder high by his supporters after the Constitutional Court ruled in favour of his gazettement as Lwemiyaga MP-elect last week. However, his rival says the gazettement is illegal. PHOTO BY MICHAEL KAKUMIRIZI
What you need to know:
Background. Last week, the EC okayed Mr Ssekikubo’s election after the Constitutional Court dismissed a request by a lower court to interpret his ruling in a petition challenging his February 18 election.
Kampala. Mr Theodore Ssekikubo has been erroneously gazetted as Lwemiyaga MP-elect and in disregard of an order issued by the Chief Magistrates Court, his rival, Mr Patrick Nkalubo, has said.
Last week, the Electoral Commission (EC) gazetted Mr Ssekikubo’s election after the Constitutional Court dismissed a request by the Masaka Chief Magistrate to interpret his ruling in the petition challenging his February 18 election.
The Constitutional Court said there was nothing that required constitutional interpretation and ordered the chief magistrate to hear the case and determine it on its merits.
However, Mr Nkalubo, who lost the MP seat in Sembabule District, said the incumbent’s gazettement was in violation of a lawful and standing order issued by Masaka Chief Magistrates Court.
“If there is an order of court, there must have been another order vacating an earlier one but instead EC vacated it. Yet there was no clause in ruling ordering EC to gazette Ssekikubo,” said Mr Nkalubo, describing the EC move as a surprise.
However, Mr Jotham Taremwa, the EC spokesperson, insisted that whatever the commission did was in compliance with the law.
“If he (Nkalubo) thinks that we gazetted Mr Ssekikubo erroneously, he can seek legal redress. As far as I know, our legal department took a decision after clearance by the Constitutional Court,” Mr Taremwa said in a telephone interview yesterday.
Mr Ssekikubo dismissed Mr Nkalubo’s criticism, saying by dismissal of the reference, there was no basis upon the order for the non gazettement to stand.
Mr Caleb Alaka, Mr Sekikubo’s lawyer, said Mr Nkalubo’s criticism of EC lacks merit and that the EC can only stop gazetting a candidate when there is a notice of recount under the Parliamentary Elections Act.
“Even the order made by the Chief Magistrate pending a reference was illegal because it was not requested for by any party. It only existed to preserve the reference. Once reference was found lacking any merit and dismissed, that order also collapsed,” said Mr Alaka, adding that the existence of the case in Masaka and the Constitutional Court referring the matter back did not in any way operate as a bar stopping Mr Ssekikubo’s gazettement.
But Ms Esther Tayebwa, Mr Nkalubo’s lawyer, described EC’s action as illegal. “There was a court order until otherwise. This makes the case almost irrelevant and amount to contempt of court,” she said.
“We shall make an application for contempt of court and have him de-gazetted. EC ought to have looked at the court order and the ruling to make a right decision. For EC to listen to Ssekikubo without basis is reckless and neglect on their part,” said Ms Tayebwa, adding that Mr Sekikubo fraudulently presented himself to EC.
Background
Last month, Masaka Chief Magistrate Samuel Munobe ruled that Mr Ssekikubo should not be gazetted as MP-elect for Lwemiyaga following a petition by Mr Patrick Nkalubo.
Mr Ssekikubo protested the order and asked court for permission to appeal the decision and instead of making a ruling on whether Ssekikubo’s application to appeal should be allowed or rejected, the Chief Magistrate referred his ruling to the Constitutional Court for interpretation.
