The High Court in Entebbe Presided over by Hon. Justice Jamson Karemani, has dismissed an application by the former Busiro South MP Charles Matovu of the National Unity Platform (NUP), against the Electoral Commission for discovery of election materials, which it used to declare to declare the National Resistance Movement’s (NRM) Mr Kenan Opio as the Busiro South, Member of Parliament.
Matovu was seeking for the commission to produce the official report book, tamper proof declaration of result forms, accountability of ballot paper forms, presidential elections declaration of Results forms for the Electoral Area of Busiro County South, official report book DR Forms, printout of scanner report, certified DR forms of 102 polling stations in Nkumba Ward, Kisubi Ward and Kitala ward and certified DR forms of 58 polling stations.
Matovu argued that the inspection of the documents would assist the court to come to a proper determination of his original petition against the current MP Opio, and the Electoral commission in which he alleges that there was non-compliance with the electoral laws, which affected the election and prayed that the said election to be set aside.
However the commission in an affidavit sworn by the Wakiso district returning officer Mr Musinguzi Tolbert, opposed the application stating that it was incompetent, a fishing expedition, frivolous
and vexatious.
Justice Karemani while dismissing the application, outlined several grounds noting that Matovu didn’t specify whether the documents requested for belonged to the whole constituency or for certain parishes or certain polling station which qualified it to be a fishing expedition.
Justice Karemani said the request for certified Declaration of Results forms of 102 polling stations in Nkumba Ward, Kisubi Ward and Kitala ward were also not specific.
Justice Keremani further dismissed the request for Certified Declaration of Results Forms of 58 polling stations be availed, since the commissions lawyers during submission revealed that it had availed the forms to Matovu, who in his own application said the certified DR forms were availed and he had attached them in his application.
Justice Karemani noted that asking for different information at different times on the same matter showed a lack of certainty of what a party wants and may amount to a fishing expedition.
“It therefore follows that the documents sought from the respondent before the application is filed and in the application filed must be specified in sufficient particularity and the specific documents desired clearly named so that they can be clearly identified” he said.
He added, “This has not been the case in this matter, this application is devoid of merits and stands dismissed with costs”.
Following the dismissal of the preliminary application, Justice Karemani ordered both the state and Matovu’s defence team to file joint scheduling memo’s by October 2nd and set the hearing of the original petition against Kenan on October 16th.
While addressing journalists following the dismissal Matovu said he was confident of winning the election petition against Opio.
“Like our lawyers have been telling, you, you already gave us the victory, even if you add the votes they stole, we still won them, we have all the things you gave us, let’s keep praying on it”
He added, “Secondly, we need to ask for impartiality of the courts, so that the judges don’t take sides and they pass judgement truthfully. This will give us hope that in case you’re faced with an injustice, you can run to the courts of law to get justice, but if we don’t get justice before the courts of law that we run to, that would mean the country is grovelling on it’s own”
The Busiro South MP Opio expressed joy at the dismissal of the discovery petition, and also hoped to win the case.
“I want to assure our people that were are very much prepared and we are going to defend this victory to the core” he said.
He added, “I as a person, I don’t have a personal vendetta with anybody, we are only against the political establishment of NUP in Busiro and that’s what we came for, that’s what we took out and defeated opposition”.
