Court replaces NUP lord councillor with NRM opponent

Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has nullified the election of Ivan Wafula, the National Unity Platform’s Lord Councillor for Makindye East II, ruling that he was illegally nominated for the January 25th, 2021 elections. As a consequence, Justice Musa Ssekaana of the Civil Division has declared that Yasin Omari Assini of the ruling National Resistance Movement, the runner-up in the election, should replace Wafula as the new Lord Councillor for Makindye East II.

The evidence before Court shows that Yasin Omari Assini and Ivan Wafula were candidates in the January 25th, 2021, elections for Makindye East II Electoral Area’s Directly Elected City/District Councillor position. However, the Returning Officer declared Wafula the winner despite Assini receiving 2,277 votes, while Wafula garnered 1,753 votes. The Electoral Commission subsequently gazetted Wafula’s win with 3,602 votes on April 12, 2021.

Dissatisfied with the results, Assini petitioned the Magistrates Court, alleging the election was marred by irregularities and non-compliance with the electoral laws, including “telling lies on oath that he possessed certain academic qualifications and he graduated as a teacher whereas not.” He also claimed Wafula’s win resulted from falsified and altered results. The lower court dismissed the petition, declaring Wafula the duly elected councillor.

Dissatisfied again, Assini filed an appeal in the High Court on the following grounds: that the trial magistrate allowed Wafula to proceed without paying 5 million shillings in costs to Assini as ordered on October 5, 2021. He also faulted the magistrate for “framing and addressing different issues not agreed upon in the Joint Scheduling Memorandum adopted by the court in August 2022.” The magistrate relied on affidavits from Katushabe Flavia, Siyama Kassim, Wamukota Michael, and Amina Ramazan, which Wafula had abandoned.

Assini thus asked the court to nullify Wafula’s election and set the victory aside.

In his decision, Justice Ssekaana ruled that Wafula, a self-proclaimed teacher, listed “Kazungu Bob Katushabe Flavia” as his nomination seconder and claimed the following qualifications: a Diploma in Education from Kyambogo University, Uganda Certificate of Education (UCE) from Kisugu High School (2010), and Primary Leaving Examination (PLE) from Kisugu Primary School (2006).

However, the court found that the seconder’s name was incorrectly stated as “Kazungu Bob Katushabe Flavia” instead of just Kazungu Bob, which was later corrected on the NIN and signature. Furthermore, the court raised concerns about Wafula’s educational qualifications, specifically his claim of possessing a UCE from Kisugu High School in 2010. Evidence from the school revealed that Wafula attended the school for three years but never sat for the UCE exams. Additionally, Justice Ssekaana ruled that there is a discrepancy in his qualifications, as “he cannot directly obtain a Diploma in Education without an A-level or equivalent qualification.”

The judge also indicated that Wafula later introduced another qualification from Kibuli Primary Teachers College, but this was deemed “an afterthought that failed to clarify the issues.”

“It is hereby declared that the Appellant/Petitioner, being the candidate who obtained the highest number of valid votes for City/District Councillors for Makindye East II Electoral Area in Makindye East II Constituency elections held on the 20th day of January, 2021, is the winner of the said election who was duly the elected Councillor,” said Ssekaana.

Following Justice Ssekaana’s decision, Assini has been sworn in as the new Lord Councillor for Makindye East II Constituency to continue with the remaining part of the term until the 2026 elections.

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