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{UAH} MP Kato Lubwama’s election formally challenged in court

By ANTHONY WESAKA

KAMPALA- The election of Rubaga South Member of Parliament Paul Kato Lubwama has been formally challenged before court for lack of requisite academic qualifications.

The MP was sued before the High Court in Kampala by one of his constituency voters, Mr Habib Buwembo, an FDC secretary general for Rubaga South Constituency.

The filing of this election petition follows a December 19 green light given to Mr Buwembo by the same High Court to challenge Mr Lubwama's election within 30 days.

Other respondents to the case are Makerere University and the Electoral Commission (EC).

In his petition that he filed on Monday morning, Mr Buwembo contends that his area MP lacks the Primary Leaving Examination Certificate (PLE), Uganda Certificate of Education (UCE) and Uganda Advanced Certificate of Education (UACE) or its equivalent which are a requirement to becoming an MP.

"Your petitioner (Mr Buwembo) contends that the 1st respondent (MP Lubwama) was not validly nominated and elected for the post of Member of Parliament for Rubaga South Constituency since at the relevant time, he had not completed the minimum formal education of Advanced Level or its equivalent," the petition reads in part.

Makerere University has been sued for having erroneously admitted Mr Lubwama on a Mature Age Entry Scheme in 1992 when at the time; he did not qualify for the same mature entry scheme.

In breaking down the alleged illegality committed by Makerere University, the petitioner states that at the age of 22 in 1992 when Lubwama was admitted on mature age entry scheme, he was below the minimum age of 25 years for the Mature Age Entry Scheme.

The petitioner adds that despite Makerere University being brought to the attention of the alleged illegality of Mr Lubwama's academic papers; like not having passed his Uganda Certificate of Education, they did not initiate a process of recalling the Diploma awarded to him in Music, Dance and Drama

"Instead of initiating the process to recall and revoke both the impugned admission and Diploma upon discovery of the aforementioned wrong doing, the 3rd respondent (Makerere University) erroneously, improperly negligently certified to the 2nd respondent (EC) that the 1st respondent (Mr Lubwama) had validly obtained permission to pursue a course leading to award of Diploma in Music, Dance and Drama," the petition adds.

In an affidavit in support of his election petition against his area MP, Mr Buwembo states that following a green light that was granted to him by the same court about two weeks ago, he has managed to collect 500 signatures from registered voters within Rubaga South, supporting his petition as demanded by law.

He adds that through a protracted citizen's investigations of MP Lubwama's academic background, he claims he is now in possession of reliable information about Mr Lubwama's useless academic papers that he obtained from Old Kampala and Makerere University.

"Although the 1st respondent (MP Lubwama) allegedly sat the 1988 examination for the Uganda Certificate of Education, he obtained result 7 and as such, did not qualify for the award of a certificate." Mr Buwembo states in the affidavit.

Through his lawyers of Center for Legal Aid, the petitioner wants court to declare that MP Lubwama's February 18 election as Rubaga South MP, was irregular and therefore, his victory should set aside and fresh elections be conducted.    

awesaka@ug.nationmedia.com



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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)

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