The conferencing session in the case where a group of voters in Nansana Municipality petitioned the Constitutional Court seeking to recall the area MP and NRM’s Robert Kasule Ssebunya from the house, has been concluded today.
Sebunnya became the Nansana MP last year after he won an election petition againstDP’s Wakayima Nsereko Musoke ,whose 2016 victory was nullified by High Court and the Appellant Court.
The petitioners however, argue that Sebunnya cannot be their MP because he was not democratically elected by the people of Nansana, and that the court cannot impose a leader on them.
Appearing today before the court Registrar Esther Nambayo, the petitioners through their counsel Nsamba Geoffrey asked to be allowed to strike off some of the petitioners whom they failed to trace in the process of swearing affidavits.
Counsel Nsamba further asked court to grant them permission to add on court record physical evidence in form of files from both High Court and the Court of Appeal for the Election petition that resulted into pushing Wakayima out of Parliament.
The Electoral commission was represented by Counsel Enock Kugonza, in the hearing, while the Attorney General and Hon Kasule Sebunya sent no representatives; even though the petitioners provide evidence that they were duly served.
The Registrar in her ruling, revealed that this file has been forwarded to the Deputy Chief Justice Alphonse Owinyi Dollo, the head of the constitutional court, who will allocate it the judges to hear the matter.
The main petitioners include Namiiro Margret, Nalunkuuma Ritah, Nakiyingi Annet, Mugerwa Fred Lwanga, Nakabaale John, Ntale Kuraish Kalema, Ssali Isaac and Nationala Action for Awakening Uganda (Sisimuka Uganda).
These want the Constitutional Court to interpret and set aside the Judgement of High court Judge Vicent Okwanga which was later confirmed by the Court of Appeal nullifying the election of FDC’s Wakayima Nsereko Musoke and declared Kasule Sebunya as a validly elected MP of Nansana.
Wakayima was pushed out of parliament on grounds that his the names on his nominations papers differed with those on his National identification card