“The only difference here is that Mr. Omara won the polls with a very wide margin. We accept the submission that the poll result decidedly in Mr. Omara’s favour cannot sanitize his illegal participation in the primary elections of his party, his nomination and election,” Court of Appeal Justices Egonda-Ntende, Bamugemereire and Luswata.
Capt (Rtd) Yuventine Omara has ceased to hold the position of Abim District LCV Chairman after the Court of Appeal ruled that his rival Johnny De West Ariko should be sworn in as the new district boss.
Delivered by the Court of Appeal on Tuesday, February 13, 2024, the judgement is expected to end the battle for Abim District LCV position that has been characterized by a number of court applications and rulings in both Soroti High Court and the Court of Appeal.
Omara had filed challenging a March 2023 decision by Justice Isah Serunkuma of the Soroti High Court nullifying his election as the Abim District LCV Chairperson, declaring the position vacant and directing the Electoral Commission (EC) to hold a byelection to fill the seat.
In the 2021 election, official National Resistance Movement (NRM) candidate Omara, a ‘retired’ captain of the Ugandan national army, the UPDF, garnered 14,417 votes to beat independent candidate Ariko who managed 4,809 votes.
But Ariko rode on controversies over Omara’s military retirement and election eligibility to challenge his election.
LATEST RULING
According to Tuesday’s ruling, a copy of which The Pearl Times has seen, Justices Frederick Martin Stephen Egonda-Ntende, Catherine Bamugemereire and Eva K Luswata of the Court of Appeal made pronouncements that left Omara in tears.
The justices of the Court of Appeal dismissed Omara’s appeal and allowed Ariko’s cross appeal. The judges also threw Omara out of office and declared Ariko the new Abim District LCV Chairman.
“Mr. Omara Yuventine the appellant/respondent in cross appeal is ordered to vacate the seat of LCV Chairperson of Abim District, if he has not yet done so. Mr. Ariko Johnny De West the respondent/cross appellant is declared as the winner of the election for the seat of LCV Chairperson of Abim District, and shall take office with effect from the date of this Judgment,” Justices Egonda-Ntende, Bamugemereire and Luswata declared.
“The Electoral Commission and the Speaker of Abim District are hereby formally notified that Mr. Omara Yuventine shall from the date of this judgment cease to be the Chairperson of Abim District Local Government Council.”
On the costs of the appeal and cross appeal, the justices of the Court of Appeal directed: “The appellant /respondent in cross petition shall pay to the respondent/cross appellant the costs of this appeal and cross appeal, and costs in the Court below.”
Meanwhile, the ruling is likely to pile more misery on Omara from whom a city lawyer is demanding Shs350m for legal fees. Omara has previously told The Pearl Times to ask the lawyer if he wants him to sell his children to get the money to pay him. (See Details Here).
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