The High Court of Uganda has dismissed an application by Mulirire Daniel to overturn a previous ruling that upheld his disqualification from the Budiope East parliamentary race. This decision paves the way for incumbent Moses Hashim Magogo to be elected unopposed. Mulirire had sought a review of the decision, arguing that he was denied a fair hearing.
The dispute began when voter Yeko Ibrahim challenged Mulirire’s nomination, citing his failure to submit a resignation letter from the Uganda Police Force as required for his candidacy. The Electoral Commission disqualified Mulirire, and the High Court upheld this decision on appeal. Mulirire then argued in his review application that the court had exceeded the original complaint by questioning the authenticity of his resignation letter.
In the earlier ruling, Justice Simon Peter Kinobe found insufficient evidence to establish that the resignation letter presented by Mulirire had been issued by the relevant Uganda Police authorities. Mulirire claimed this finding was an obvious error and warranted a review of the decision. He attached a newly certified letter to his application in support of his case.
However, Justice Kinobe rejected the application, stating that Mulirire was attempting to challenge the substance of the earlier judgment through a review instead of using the appropriate legal process. The judge explained that Mulirire was essentially asking the court to reconsider the evidence, interpret the law differently, and overturn its earlier decision.
Justice Kinobe noted that the court could not use a review application to reconsider and replace its own judgment. He also questioned the timing of the application, filed seven months after the elections without adequate explanation for the delay. The judge added that the application appeared to be an attempt to bypass legal procedures and strict deadlines governing election disputes.
According to the judge, the orders Mulirire sought could only be pursued through an election petition, rather than an application for judicial review. The applicant failed to demonstrate that the new evidence could not have been obtained and presented earlier through reasonable efforts. The judge consequently dismissed the application.
The court ordered Mulirire to pay the legal costs incurred by Magogo and the Electoral Commission. This ruling confirms Magogo's unopposed election in the Budiope East parliamentary race. The decision was reported by 88.2 Sanyu FM.
Key points
- The High Court of Uganda upheld Moses Magogo's unopposed election in the Budiope East parliamentary race.
- Mulirire Daniel's application to overturn his disqualification was dismissed by the High Court.
- The court ruled that Mulirire's application was an attempt to bypass legal procedures and strict deadlines governing election disputes.
