Peter Ocen, the Kole South Member of Parliament is over the moon, after the Court of Appeal quashed a High court judgment by Justice Wilson Masalu Musene nullifying his 2016 victory.
Last year, Justice Musene threw Ocen out of parliament following an application by his rival, Fred Ebil, the former Kole South MP, who accused the former of voter bribery, using sectarian language and a government vehicle during the campaigns.
Ebil presented a number of affidavits signed by the former assistant secretary General of Uganda People's Congress under the Jimmy Akena faction convincing Justice Musene concur with him during his judgment delivered on August 12, 2016 at Lira High court.
Justice Musene nullified Ocen's election and ordered for fresh polls.
But, Ocen alongside the Electoral Commission appealed the judgment in the court of appeal.
Now, today morning, a panel of three Court of Appeal judges led by the Deputy Chief Justice, Alfonse Owiny Dollo quashed the judgment, confirming that Ocen was validly elected Kole South MP.
Other two Justices are; Cheborion Barishaki and Elizabeth Musoke. In their judgment read by the Deputy Court of Appeal Registrar, Esther Nambayo, the judges noted that Ebil didn't plead the necessary and material particulars, which is illegal.
"During the trial, the counsel of the appellant rightfully submitted that the respondent did not plead the necessary and material particulars in the petition contrary to order 6, rules 1 and 3 of the Civil Procedure rules. We agree with the appealants", said Nambayo.
Courth however, declined to grant Ocen costs of the suit. "Regarding remedies, Court has noted that since the petition in the High Court was not completely without merit, the only problem being that insufficient evidence was availed to Court against the appellant, in order to promote reconciliation among the parties, we order that each party bears its own costs” Nambayo read out.
