{UAH} GEORGE OKELLO'S BROTHER OVER-TURNS FRAUDULENT ELECTION RESULTS IN DOKOLO

Amoru was fraudulently elected Dokolo North MP- court rules

The Electoral Commission was the second respondent. Court says the
electoral body did not follow stipulated rules

Friday July 8 2016

Mr Amoru


By BILL OKETCH
DOKOLO

The High Court in Lira District has nullified the election of Paul
Amoru as Member of Parliament for Dokolo North Constituency in Dokolo
District.

This comes after the former Dokolo District chairman John Baptist
Okello Okello of Forum for Democratic Change (FDC) petitioned court
challenging the election of Mr Amoru, who was the NRM flag bearer.

Justice Wilson Musene Masalu, while delivering the judgment on Friday,
said the first respondent was fraudulently elected MP when the
Electoral Commission (second respondent) failed to comply with the
electoral laws. The non-compliance with the laws affected the election
in substantial manner.

Court heard that the Electoral Commission excluded results for
Amoloreco Polling Station, failed to account for 1,070 ballot papers,
and declared results for eight polling stations without signed
Declaration Results (DR) Forms.

The fully-packed court also heard that the second respondent
unlawfully declared 1,617 votes as invalid, contrary to the law.

Court was also informed that a one Charles Ewai, one of the
petitioner's agents was cross-examined by the counsel for the second
respondent as to whether he had complained about the invalid votes. In
his reply, the agent said he complained to the presiding officer about
the invalid votes numbering 83 but that his complaint was not even
recorded.

Court heard that Mr Ewai as the agent for the petitioner, he and
others were never informed by the presiding officer or any Electoral
Commission official that they had a right to lodge their complaint on
the Declaration of Results Forms.

Court found out that the Electoral Commission did not provide any
evidence of sensitising and training of the electorate about the
relevant electoral laws and guidelines in sufficient time.

The judge ruled that the second respondent or their agents had no
right whatsoever to cause a significant number of votes cast either in
favour of the petitioner or the first respondent to be disregarded as
invalid, noting it is an offence and non-compliance under Section 78
(b) of the Parliamentary Elections Act.

"This court also finds that the petitioner proved to satisfaction of
the court that the first respondent committed an act of bribery by
personally delivering 15 bags of cement as a donation to Apetur
Catholic Chapel on February 14, 2016 and immediately thereafter
campaigned and requested the congregation to vote for him on February
18, 2016," Justice Musene ruled.

"The election of the first respondent – Amoru Paul – as the validly
elected Member of Parliament for Dokolo North Constituency is hereby
nullified and set aside.

"Two, fresh elections should be held as soon as possible for Member of
Parliament for Dokolo North Constituency. The petitioner is entitled
and is hereby awarded costs of the petition," the judge said.

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