IT IS not yet UHURU for Nansana Municipality Constituency Member of Parliament Wakayima Musoke Hannington Nsereko!
Opposition Forum for Democratic Change (FDC) party insists, Hight court should throw out this NUP man due to lack of minimum academic qualification and a by-election be held for the people of Nansana Municipality Constituency to elect a suitable member of Parliament.
The same Wakayima Musoke was thrown out of the 10th Parliament due to lack of minimum academic qualification. FDC says, he should instead go back to school and aquire the required academic qualification of he is to contest for members of Parliament.
In an election petition 04 of 2021, Musoke Hamisi Walusimbi, the FDC candidate in the 14th January 2021 Nansana Municipality Member of Parliament election has told High court that, “The election of Wakayima Musoke as Member of Parliament for Nansana Municipality Constituency without having been dully nominated is null and void and ought to be set aside and a bye-election/fresh election held for the position of Member of parliament for Nansana Municipality constituency.”
FDC party is strongly backing the petitioner and prays that his petition is successful.
Though his lawyers of M/s Kabega, Bogezi & Bukenya Advocates, Musoke Hamisi Walusimbi told court that, contrary to Article 80 (1) (c) of the 1995 Constitution (as amended) and Section 4 (1) (c) of the Parliamentary Elections Act 2005 (as amended), the 2nd Respondent (Electoral Commission) nominated the 1st Respondent (Wakayima Musoke Hannington Nsereko) while he did not possess the requisite minimum academic requirement of “A” Level formal education and such, unqualified to participate in the election for directly elected members of Parliament for Nansana Municipality or anywhere else.
A registered voter at Umea Primary School polling station, Nansana East Ward, Nansana Municipality Wakiso District and holder of National Identity Card Nin No. CM8303210262EC, Petitioner Musoke Hamisi Walusimbi says, contrary to Section 4 of the Parliamentary Elections Act 2005 (as amended), Electoral Commission accepted documents of another person as academic documents of Wakayima Musoke Hannington Nsereko.
“In the result, the Election of Wakayima Musoke as Member of Parliament for Nansana Municipality County without having been dully, lawfully and or legally nominated and without the requisite minimum academic qualifications is null and void and ought to be set aside and bye-election/fresh election held for the position of Member of Parliament for Nansana Municipality Constituency.” Reads Musoke Hamisi Walusimbi’s petition.
The petitioner was dully nominated candidate for election and such did participate in the election for Member of Parliament for Nansana Municipality Constituency as an FDC candidate together with the 1st respondent (Wakayima Musoke Honington Nsereko) an NUP candidate.
The Election was held on the 14th of January 2021 and the 1st Respondent was declared and published in the Uganda Gazette as the validly elected Members of Parliament for Nansana Municipality Constituency in Wakiso district with 67,862 votes while the petitioner (Musoke Hamisi Walusimbi) polled 744 votes.
Other contestants scored as follow; Kasule Robert Sebunya – NRM (15,367 votes), Musoke Enoch Kintu – Independent (1,761 votes) and Kaaya Rajab Semalulu -ANT (703 votes).
The petitioner contends that the above election was conducted in contravention of the provisions of the Constitution of the Republic of Uganda 1995, The Electoral Commission Act Cap 140 and The Parliamentary Elections Act, 2005 which affected the result of the election in a substantial manner rendering the nomination, participation and declaration of Wakayima as winner of the 14th January 2021 elections irregular, illegal, unlawful and invalid or otherwise rendering the election invalid and one unable to obtain the will of the people of Nansana Municipality Constituency through a free and fair election.
The petitioner avers that the entire Electoral process in Nansana Municipality Constituency beginning with the nomination exercise was characterised by acts of non-compliance and breach of Constitutional and statutory breaches, illegalities and commission of numerous Electoral offences and illegal practices contrary to the provisions of the Parliamentary Elections Act 2005, the Electoral Commission Act Cap 140 and the Constitution of the Republic of Uganda 1995.
“In the alternative, the Electoral process, polling and subsequent election of Wakayima Musoke as a directly elected Members of Parliament for Nansana Municipality Constituency was conducted in non-compliance with the provisions of the Parliamentary Elections Act 2005 and the Electoral Commission Act, and the non-compliance and failure to observe these provisions affected the results of the elections in a substantial manner and ought to be set aside and a bye-election ordered.” Reads the petition.
The petitioner avers that Wakayima Musoke directly benefited from the above non-compliance with the provisions of the Parliamentary Elections Act, 2005 and the Electoral Commission Act.
WAKAYIMA HAS NO MINIMUM ACADEMIC QUALIFICATION – PETITIONER
In his affidavit supporting the petition, the petitioner Musoke Hamisi Walusimbi avers that, on 14th October 2020, another registered voter in Nabweru South in Nansana Municipality a one Ssemanda Umar through his lawyers of Mugarura, Kwarisiima & Co. Advocates raised a similar complaint concerning the discrepancies in the academic documents of Wakayima Musoke which complaint was ignored by Electoral Commission. The same was served on the Returning officer of Wakiso District. Surprisingly, the same was ignored.
The petitioner says, he is aware that Wakayima Musoke presented academic documents that do not belong to him and has since made attempts to make sworn statements through statutory declarations, affidavits and has made and gazetted a deed poll to adopt the names of person(s) whose academic documents Wakayima Musoke is using/relying on which is unlawful, illegal and criminal.
“I am aware that the discrepancies are glaring and Electoral commission should not have accepted the same and should not have nominated him to run for the position of Member of Parliament not only in Nansana Municipality Constituency but also anywhere in Uganda because the legal regime does not allow him to contest for the said position while he dies not possess the necessary minimum qualifications of “A” level or its equivalent.” Said the petitioner.
He says, the academic documents and other qualification documents presented by Wakayima Musoke are questionable and can not be his in as far as;
■ The Musoke Hannington, which name Wakayima Musoke in his deed poll Gazetted on 24th of July 2020 purports to have been using, sat PLE at Nansana Catholic School under index No. 241150 035 in which he scored 8-in English, Maths 8, Science 5 and SST 6 hence aggregate of 27.
Whereas, Musoke Hannington that enrolled at Old Kampala Secondary school sat PLE at Nansana under Index No. 023 in which he scored; English 2, Maths 3, Science 1 and SST 2 and got aggregate 8. The said Musoke Hanningtons are different and Wakayima Musoke is seeking to impersonate both. The said persons and Wakayima Musoke can not be one and the same person.
■ The afore mentioned academic documents which Wakayima Musoke presented for nomination are the same academic documents the court of Appeal as not reflect the required minimum academic qualifications.
■ The said information refers to different persons although Wakayima Musoke seeks to own and rely on the same as his own to back up claims that he possesses the necessary minimum academic qualifications.
■ The Musoke Hannington who enrolled at Old Kampala Secondary school and personally filled the Admission Form indictated his date of birth as 24th December 1974 whereas Wakayima Musoke’s National Identity card shows his date of birth as 4th April 1974. As such, the said persons can not be the one and the same person.
■ The Musoke Hanningtons who sat PLE and UCE are completely different and have never participated in Elective politics particularly in the current one for Member of Parliament for Nansana Municipality whose election was held on the 14th of January 2021.
■ Wakayima Musoke on 2006, 2011 and 2016 participating in elective politics under the guise of Musoke Nsereko Wakayima (2006), Wakayima Musoke Nsereko (2011) and Wakayima Musoke Nsereko (2016) are not compatible with the Musoke Hanningtons that attended school, not to mention the fact of the said attending school by the Musoke Hanningtons being also questionable.
■ He was issued with a passport No.B0884011 issued on 27th July 2011 in the names of Musoke Nsereko Wakayima different from what the National ID bore being Musoke Hannington Nsereko. In 2011 and 2016 purported to use names of Wakayima Musoke Nsereko the said identities are intended to mislead and confuse public given the questionable education record of the 1st Respondent and the Musoke Hanningtons that he seeks to impersonate.
■ The Musoke Hannington who sat “A” level at Namagabi Secondary School does not have record of having studied Senior 5 and 6 anywhere and renders the academic record even of the said Musoke Hannington highly questionable.
■ On 20th July 2016 in the judgement of the High Court in Hon. Kasule Robert Sebunya Vs Wakayima Musoke Nsereko and the Electoral Commission (Electoral Petition No. 004 of 2016) and the subsequent appeal in Wakayima Musoke Nsereko & Another Vs Kasule Robert Sebunya (Election Appeal No. 0050 & 102 of 2016), the 1st Respondent (who then used the names of Wakayima Musoke Nsereko) was adjudged to be different from the person whose academic documents he had presented for nomination and eventual election declared a nullity.
■ That I am advised by my lawyers of Kabega, Bogezi, Bukenya & Co. Advocates which advice I believe to be true that by the virtue of the judgements of the High court and Court of Appeal, the 1st Respondent in essence was required to get to school and obtain the required minimum academic qualification to be able to participate in Elective politics for member of Parliament as opposed to publishing a deed poll to adopt names ofor other persons that may have the necessary qualifications.
■ That I am advised by my lawyers that it was grossly improper, illegal and unlawful for the 1st Respondent to have sworn a statutory declaration and published a deed poll to circumvent a Court judgement.
WHAT THE PETITIONER ASKED HIGH COURT
Your petitioner contends that, Wakayima Musoke personally and/or through his agents with his knowledge, consent or approval committed the following illegal practices and offences;
a) Used and presented to Electoral Commission for the purposes of his nomination, academic and other documents not belonging to him as his.
The petitioner contends that all the above illegal practices and offences were committed by Wakayima Musoke and/or his agents and supporters with his knowledge, consent, or approval and the first Respondent is liable for all these offences and illegal practices relating to presentation of the said academic documents.
The petitioner among others, humbly prays that it may be declared that;
(a) The nomination of Wakayima Musoke to run for the position of the directly elected Members of Parliament for Nansana Municipality was conducted contrary to the law and was a nullity.
(b) Wakayima Musoke doesn’t possess the requisite minimum academic requirements for election as member of parliament.
(c)The acts of Wakayima Musoke in swearing an affidavit, statutory declaration and deed policy to alter the judgement of the Court is illegal, unlawful and of no legal effect.
(d) A by-election
(e) Wakayima Musoke and Electoral Commission pay the costs of the petition.
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