High Court Judge Michael Elubu has declined to issue an interim order filed by Jackson Ntwatwa seeking court to halt all remaining party primary elections until the matter in which he challenges the election of Eng Kafeero Ssekitoleko as the party flag bearer for Nakifuma is fully heard and disposed off.
In his ruling, the judge said that Ntwatwa never produced enough evidence to prove that holding the remaining party primaries will affect him.
“The applicant seeks to injunct a nationwide activity on the basis that his particular election should be declared illegal. The polls for which he held an interest have already been held. It has been shown above that there is no benefit to his claim in halting the entire electoral process,” the Judge ruled.
He also noted that the applicant (Ntwatwa) not being a candidate in the forthcoming elections, it’s difficult to determine how maintaining the remaining election schedule will pose a threat to the hearing of his main case.
“Additionally in an application for an interim order, the Court would look to preserve the status quo pending the determination of the main application. The status quo, which would maintain the current and prevailing circumstances, is that the elections for MP Flag bearer have already been held. The rest of the elections road map is being implemented. Again, in the opinion of this Court, maintaining this status quo cannot amount to stopping all upcoming elections,” Court ruled.
In his application, Ntwatwa (applicant) states that he is a lawyer and a good supporter of NRM who was nominated to run for the Nakifuma Parliamentary seat in party primaries.
He further states that he was issued with a final road map document showing that the polling day would be September 10, 2020, but the party election body made changes and elections were fixed for September 4, 2020, instead.
The Applicant also argues that he and other candidates weren’t notified of those changes causing a clash between the road map earlier issued and the new polling date. That the change in date was illegal, irregular since it amended the “Final Road Map” which had the word ‘final’ meaning ‘the Last’.
Ntwatwa, in his case before court, alleges that NRM electoral commission was incompetent in organizing the elections.
It’s from that background that he seeks court to declare the election of all NRM flag bearers conducted on September, 4 illegal, irregular and of no consequence.