Nyanzi case against Muhammad Nsereko is a non-starter, should be dismissed- EC asks court
“On Friday, I was given a brief to come before you, my Lord, but we were never served” (with petition). “We came here because our client was referenced in the lawsuit but never served,” Bautu said to the court.
The Electoral Commission has filed a preliminary objection asking the High Court in Kampala to reject the case filed by Fred Nyanzi Ssentamu challenging Muhammad Nsereko’s election as Kampala Central MP before it is heard.
Nyanzi, the elder brother of former presidential candidate and National Unity Platform (NUP) leader Robert Kyagulanyi, challenged Nsereko’s victory on January 14 on grounds of ballot stuffing, among other things, and named the Electoral Commission and the returning officer as respondents in the lawsuit.
When the case came up for hearing on Monday, a group of three lawyers led by Robert Bautu, Bernard Mutyaba, and Saudah Nsereko told the court that they had received instructions to represent them in the case from Nsereko on Friday, but that their client had never been informed of any petition challenging his election.
“On Friday, I was given a brief to come before you, my Lord, but we were never served” (with petition). “We came here because our client was referenced in the lawsuit but never served,” Bautu said to the court.
“We simply came to court to observe what was going on, but because we were not served, we are unable to participate in the proceedings.”
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As a result, Electoral Commission attorneys led by Eric Sabiiti filed a preliminary objection, requesting that the court not waste time hearing the case since it is a non-starter.
“There can’t be a trial if there isn’t a third respondent” (Nsereko). He has been proclaimed the eventual winner of an election. There can’t be any procedures in which he isn’t a party. We can’t go to trial in a case where the beneficiary isn’t present,” Sabiiti explained.
The Electoral Commission counsel, using the concept of natural justice, maintained that a party cannot be punished without being heard.
However, before making a decision on the case on notice, Justice Margaret Apiny requested that the lawyers provide written arguments.
The situation
In his appeal, Fred Nyanzi Ssentamu alleges that the Electoral Commission and Muhammad Nsereko conspired to deny him victory in the January 14 elections.
He claims that there were arithmetical mistakes at 50 voting places that the Electoral Commission refused to explain, which he claims was in violation of electoral regulations.
“Presiding officers and the returning officer purposefully committed a mistake on the final tally sheet by posting incorrect votes at the relevant polling station, affecting the final results in the return form for transmission of results to the electoral commission,” Nyanzi claims.
According to Nyanzi, there were serious mistakes in the tallying process, which he claims influenced the findings’ conclusion.
