The Court of Appeal has dismissed an appeal by Lucy Achiro Otim, the elected MP for Aruu North Constituency Pader District over non compliance with the electoral laws.
Achiro’s election was first nullified by the High Court in June 2016 and the Electoral commission was ordered to conduct fresh elections.
James Kidega Nabinson petitioned court for a recount on grounds that she had only beaten him with a difference of two votes, Achiro having got 8599 against Kidega’s 8597.
However the said recount was frustrated by a mob that destroyed election materials and the ballot boxes, prompting Kidega to run to the High Court for nullification of Achiro’s election.
Three Justices led by Richard Buteera agreed with the High court that there was non-compliance with the electoral laws in the conduct of elections in that constituency which substantially affected the final result.
The justices further agreed with the trial court that indeed a recount was ordered but before it could be effected rowdy people stormed the police premises where the voting materials were kept, opened the boxes, scattered and destroyed the ballot boxes and papers rendering the entire exercise futile.
The incident took place on February 29, 2016 at Pader Magistrate Court and Pader Police Station.
This is the first 2016 election appeal to be thrown out.