Court dismisses petition against Speaker Among

The Supreme Court has dismissed a petition in which a voter wanted the Electoral Commission (EC) to degazette Anita Among as an unopposed candidate for the Bukedea district woman Member of Parliament.

Hellen Odeke Akol was also seeking orders that a fresh nomination exercise and election date be set by the EC in respect of the election for Bukedea district MP.

However, the five-member panel, led by Chief Justice Alfonse Owiny-Dollo, declined to grant the orders on grounds that it would have an adverse effect on Among because she was not a party to the suit and was not accorded the opportunity to be heard on the matter before the court.

Among is currently the Speaker of Parliament.

Other justices include Faith Mwondha, Percy Tuhaise, Mike Chibita and Elizabeth Musoke.

“I find that the appellant is not entitled to any of the orders she has sought in this appeal. I, therefore, dismiss the appeal with costs to the respondent,” Owiny-Dollo ruled on May 7, 2024.

According to the justices, Akol’s appeal is ill-founded and fated because the court has no jurisdiction to grant the order’s sought.

Owiny-Dollo faulted the Court of Appeal for allowing the amendment of the memorandum of appeal that introduced a plea for the issuance of consequential orders, which would infringe on Among’s rights, yet she had not been joined as a party on appeal.

“It was incumbent on the court to first satisfy itself that the amendment of the memorandum of appeal would not adversely affect the respondent or any other identifiable person. The order would occasion a miscarriage of justice to her,” the Chief Justice noted.

The justices explained that under the provisions of section 14 and 16 of the Parliamentary Elections Act, 2005, and section 15 of the EC Act, only the High Court has jurisdiction to grant orders to degazette Among as a successfully unopposed candidate.

The justices, however, noted that Akol withdrew a petition she had lodged against the decision of the EC in 2020.