Court Orders Ogwari To Vacate Parliament, Installs Ochwa For Agule County Seat – Plus News
The Court of Appeal has ejected Polycarp Ogwari and installed his rival David Ochwa as the Agule County Member of Parliament citing his illegal nomination for the 2021 elections.
According to the decision delivered on Tuesday evening, Ochwa shall take office immediately. The decision arises from an appeal, in which Ochwa, contested Ogwari’s nomination
In 2021, Ogwari, an independent leaning National Resistance Movement (NRM) party-candidate, was declared the winner with 7,190 votes. Ochwa, who ran on the NRM party ticket, came second with 6,908 votes.
Unhappy with the results, Ochwa petitioned Mbale High Court, claiming the election was marred by bribery and voter intimidation. He also argued that Ogwari lacked the requisite academic qualifications for nomination member of parliament.
Ochwa sought confirmation as the duly elected Member of Parliament or a by-election. The case initially went to Mbale High Court, then the Court of Appeal ruled in Ochwa’s favor in April 2022, ordering a retrial before a different High Court judge.
On December 15th, 2022, Justice Moses Kazibwe nullified Ogwari’s victory, leading to the current appeal to a fresh appeal, which was decided Tuesday.
In his appeal, Ogwari faulted the High Court Judge for having erred in law and fact when he reportedly failed, refused and or neglected to hear, determine and or resolve the preliminary points of law he had raised hence leading to a miscarriage of justice.
He also faulted the Trial Judge for having erred in law and fact when he set aside his election on the ground that he was illegally nominated, which wasn’t part of the petition.
On his part, Ochwa asked the Court to dismiss the appeal on grounds that the letrial Judge could not faulted as the evidence placed before him proved that Ogwari lacked the requisite academic qualifications provided for under Article 84 of the Constitution and Section 4 of the Parliamentary Elections Act.
He said that the petition pleaded the illegality generally but the affidavits filed subsequently confirmed the illegality after procuring Ogwari’s actual nomination papers.
He thus noted that the law cannot sanction what is illegal and once an illegality is brought to the attention of court, it overrides all questions of pleadings.
In their judgement, Justices Fredrick Egonda-Ntende, Eva Luswata, and Oscar Kihika agreed with Ochwa, saying that he was illegally nominated since he only possessed a Certificate in Electrical Installation obtained after Senior Four by the time he was nominated.
“The 1st Respondent (Ogwari) claims to have in his possession a Certificate of Equivalence. The 2nd Respondent contends thathe had the qualifications to be nominated.A perusal of what he submitted shows an O’ Level Certificate and verification of results for Parts II ond III in Electrical Installation Craft Courses sat at Uganda Technical College, Elgon. The two Respondents failed and/ or did not think it wise to avail the Certificate to the Court”, said the Justices.
According to the Justices “only the National Council for Higher Education has the mandate to weigh the qualifications and issue a Certificate of Equivalence which must be submitted at the time of nomination.
“It is the finding of this court that failure to submit the Certificate of Equivalence was fatal and rendered the nomination invalid”, held the Justices.
They said that the then High Court Judge Kazibwe also found as such and they have no reason as to why they should set aside his findings as he was alive to the facts of the law when he ruled like that.
“The Electoral Commission and the Speaker of Parliament are hereby formerly notified that Mr. Ogwari Polycarp shall, from the date of this judgment, cease to be the Member ofParliament for Agule County Constituency”, said the Justices.
As a consequence, Ogwari is directed to pay the costs of this appeal and the costs in the High Court that Ochwa incurred.
URN.
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Fred Enanga, the police spokesperson, has officially announced the decision to divest the Uganda Police Airwing of its fixed-wing aircraft (P180 Piaggio Avanti II Evo).
Enanga explained that the decision stems from the aircraft’s failure to yield positive outcomes despite its capability to remain airborne for up to 8 hours, providing aerial support.
“Since its acquisition, it has only flown a total of 117 hours due to limitations such as unsuitability for non-tarmacked runways, costly mandatory inspections, insurance, and maintenance, with no discernible benefits realized,” stated Enanga.
He added, “The UPF is considering the disposal of the Paggio Avanti II Evo and the procurement of a new-generation compatible aircraft through trade-in procurement methods, adhering to PPDA laws and regulations.”
Acquired in June 2019 at a cost of USD 7.84 million, the Airwing currently operates four aircraft, including three helicopters and one fixed-wing aircraft, 5X-PEF/PI80 Piaggio Avanti II Evo-9 seater. During 2023, the Airwing responded to numerous incidents across various regions, making it an integral part of policing in Uganda.
The Uganda Police Airwing provides aerial patrols, search and rescue, rapid response, troop transportation, aerial surveillance, VIP transportation, medevac, and casevac.
Enanga noted that the Minister of Internal Affairs was briefed on the matter and raised no objections to the disposal of the unserviceable aircraft and the procurement of a new compatible helicopter.
“A Composite Board of Survey inspected the aircraft on October 19, 2022, valuing it at USD 4,271,709.06. The valuation considered factors such as depreciated replacement cost, technical condition, blue book values, and current market prices,” Enanga explained.
He emphasized that replacing the fixed-wing aircraft will enhance the Police Airwing’s operational capabilities. Several aircraft types have been evaluated, considering manufacturers and operational requirements specific to the Uganda Police.
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President Yoweri Kaguta Museveni emphasized the importance of acknowledging individuals who contribute to society’s advancement, stressing that their efforts should be remembered and appreciated.
During the Elders Mentorship/Leadership Awards luncheon 2024 held at State House Entebbe on Thursday, President Museveni commended Mr. Odrek Rwabwogo and his team for their initiative in honoring outstanding contributors.
He underscored the significance of recognizing excellence, stating that failing to do so could discourage others from striving for excellence.
Organized by the Office of the Senior Presidential Advisor on Special Duties, chaired by Mr. Odrek Rwabwogo, the ceremony aimed to celebrate individuals who have made significant positive impacts on Uganda’s development. Under the theme “Modelling the right behaviour for the youth of Africa in the 21st Century,” the event honored 16 elders for their remarkable service to the nation.
In addition to acknowledging the awardees, the ceremony served as a platform to pay tribute to the late Rt. Hon. Jacob Oulanyah, former Speaker of Parliament, for his dedication to public service.
President Museveni highlighted the importance of accurate mentorship, stressing the role of understanding society’s dynamics and the significance of science and technology in social progress. He credited the National Resistance Movement (NRM) government’s progress to its ability to diagnose societal issues accurately and provide solutions.
Reflecting on the late Rt. Hon. Jacob Oulanyah’s journey, President Museveni praised his intellectual openness and commitment to national development, noting his transition from the Uganda People’s Congress (UPC) to the NRM.
Vice President H.E Jessica Alupo commended the awardees for their contributions to Uganda’s socio-economic transformation, aligning with President Museveni’s advocacy for youth involvement in Africa’s development.
Delivering a keynote speech, Hon. Tagesse Chafo Dullo, Speaker of the House of People’s Representatives of Ethiopia, extended gratitude to Uganda for its hospitality and emphasized the importance of empowering African youth.
Hon. Norbert Mao, Minister of Justice and Constitutional Affairs, thanked Mr. Odrek Rwabwogo for organizing the event and emphasized the importance of leadership driven by a mission rather than a position.
Mr. Odrek Rwabwogo reiterated the importance of learning from past exemplary leaders and encouraged the youth to uphold integrity and serve their country diligently.
Representing the late Speaker’s family, Hon. Andrew Ojok expressed gratitude to President Museveni for his support and emphasized Oulanyah’s legacy of integrity and reconciliation.
Mr. Nathan Okori, the late Oulanyah’s father, expressed gratitude to the government for honoring his son’s memory.
The event was attended by several dignitaries, including former Prime Ministers, government ministers, and other officials, demonstrating the collective commitment to honoring exemplary service and fostering intergenerational leadership.
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Monica Mbabazi is a celebrated multimedia Ugandan Journalist currently working as a news anchor on Top Radio and BTM Television. She is also a writer with Plus News Uganda. More by Monica Mbabazi
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President Museveni Engages With Rwenzori Bishops Ahead Of Martyrs Day Celebrations – Plus News
On Thursday, President Yoweri Kaguta Museveni met with a delegation of Bishops from the Rwenzori Dioceses at State House, Entebbe.
The meeting, marked by discussions and exchange, focused on the forthcoming Church of Uganda Martyrs Day celebrations scheduled for June 3, 2024.
Led by the Rt. Rev. Bishop Reuben Kisembo, the clerics briefed President Museveni on the progress of the event preparations. Expressing gratitude, Bishop Kisembo, representing the Bishops from the greater Rwenzori sub-region, acknowledged the government of Uganda’s continuous support and partnership with the Church of Uganda.
In response, President Museveni affirmed his commitment to ensuring the success of the celebrations, pledging support to the Church. However, he also urged religious leaders to mobilize believers towards embracing wealth creation initiatives as a means to combat poverty.
Highlighting persistent challenges, President Museveni emphasized the importance of addressing issues such as subsistence farming, land fragmentation due to inheritance practices, and the necessity for proper enterprise selection. He specifically cited the potential for coffee and apple cultivation in regions like Kasese, leveraging favorable terrain and climate conditions.
This year, the Rwenzori cluster is set to host the Uganda Martyrs Day celebrations at the Anglican Martyrs Shrine in Namugongo, under the theme: “United for Sustainable Services and Growth.”
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Kimera Abdul is a Senior Journalist with Plus News Uganda. He identifies as an adaptable and enthusiastic individual who works to inspire generations. He posses a Diploma and Broadcast journalism and has… More by Kimera Abdu