The Court of Appeal in Kampala has kicked Abim LC5 chairman, Capt Yuventine Omara out of office and consequently declared his rival, Johny De West Ariko as the new office bearer.
This was after the court found that Omara was elected in office while still a serving officer of the UPDF.
“Mr. Omara Yuventine the appellant/respondent in Cross appeal is ordered to vacate the seat of LC V Chairperson of Abim District, if he has not yet done so,” the court directed on Tuesday afternoon.
Ariko petitioned the High Court in Soroti in 2021 challenging Omara’s election saying by the time he was nominated, he was still a serving UPDF officer.
However, the petition was dismissed by High Court’s Justice Jane Okuo Kajuga in August 2021 prompting Ariko to run to the Court of Appeal to challenge the lower court’s decision.
The Court of Appeal ruled in Ariko’s favour but ordered that the case be returned to the High Court for retrial and the resultant judgement Omara was thrown out of office.
Omara then ran to the Court of Appeal to challenge the decision.
However, three justices of the Court of Appeal including Egonda Ntende, Catherine Bamugemereire and Eve Luswata on Tuesday threw Omara out of court after finding that he was irregularly elected.
They also directed that Ariko now occupies office.
“Mr. Ariko Johnny De West the respondent/cross appellant is declared as the winner of the election for the seat of LCV Chairperson of Abim District, and shall take office with effect from the date of this judgment.”
“ The appellant/respondent(Omara) in cross petition shall pay to the respondent/cross appellant the costs of this appeal and cross appeal, and costs in the court below.”
