By Kabuye Ronald
High court judge Justice Magret oguli has granted the Lubaga south electorate Habib buwembo a 30 days leave to file an election petition against his area member of parliament hon. Paul Kato lubwama.
Justice Oguli also ordered Kato Lubwama to meet all the legal costs of Buwenbo whereas each of his two counsels was also granted certificates.
Buwenbo through his lawyer Isaac Ssemakadde filed a petition out of the provided time frame in high court challenging on ground that it was wrong for Electoral Commission to nominate and declare Lubwama the MP elect as he lacked the minimum education requirements.
Justice Oguli told court that its in her jurisdiction to grant an extension of time in which one can file an election application, under certain circumstances.
Ouguli said that she based her ruling on the fact that Buwembo’ responsible parties had initially refused to produce the evidence he was to rely on in the case thus a 7 months delay to file the petition. The parties included Old Kampala Secondary School, UNEB, Makerere University and the National Council of Higher Education
She added in her ruling, the respondent (Kato Lubwama) also told lies in his the statutory declaration when he confirmed on oath that he had a Uganda Certificate in Education( UCE) yet the letter from UNEB dated 7th October 2016 stated that his certificate was not available and he didn’t qualify for any which was never rebutted.
“In my view this application is properly before court for extension of time, it is allowed and this court orders you to file an electoral petition within 30 days and serve the respondents,” ruled the justice Oguli
However Hon. Kato Lubwama through counsel Samuel Muyizzi informed court that they were not satisfied by the ruling and vowed to appeal it.