The Court of Appeal has nullified the election of NRM’s Isaac Joackino Etuuka as the Upper Madi Member of Parliament (MP) after evidence showed that he was wrongly nominated by the Electoral Commission (EC) and accidentally included on the ballot paper.
Justices Remmy Kasule, Richard Buteera and Alfonse Owiny-Dollo ordered the Electoral Commission to conduct fresh elections and fill the vacant position.
The justices ruled that Arua High Court judge John Eudes Keitirima wrongly declared the election of Etuuka as valid.
Evidence showed that Etuuka’s nomination as the NRM flag -bearer was cancelled on the eve of the polls following a court order obtained by his competitor Martin Drito.
Evidence also shows that public notices were issued and published by the EC warning the public that Etuuka was not a valid candidate for nomination even though he appeared on the ballot paper.
It’s against this background that the Court of Appeal Justices wondered how again the EC could turn around and declare Etuuka the winner of the Upper Madi constituency MP contest, claiming he had garnered the highiest number of votes.
The judges were of a view that after the issuance of the said court order, Etuuka could only have participated in the election as an independent candidate.
The EC and Etuuka have been ordered to pay the appellant John Arumadiru Drazu costs of the petition both in the High Court and Court of Appeal.