The Court of Appeal has dismissed an election petition filed by Samson Lokeris, the former Dodoth East Constituency Member of Parliament against his rival and winner Emmanuel Komol. The appeal was dismissed Tuesday by a panel of three Court of Appeal Justices—Geoffrey Kiryabwire, Oscar Kihika, and Christopher Gashirabake—for failure to comply with court orders to file conferencing notes. The court issued directives on March 28th, May 16th, and June 21st, 2023, all of which were not adhered to.
Despite lawyer Lydia Nakyejjwe representing lawyer Caleb Alaka, who earlier filed a notice to withdraw from the case, the Justices stated that under Court of Appeal rules, a lawyer cannot leave a client without court permission. The evidence indicated that Alaka and Company Advocates were still representing Lokeris.
Nakyejjwe attempted an oral application, but the Justices, having given ample time for compliance, declined. Lokeris, surprised by the withdrawal notice, expressed his lack of legal expertise, living in Karamoja and being unfamiliar with legal proceedings. Requesting two weeks to find new lawyers, Lokeris was informed that election matters required expedited handling due to governance issues, and the court dismissed his request, citing constraints in scheduling special sessions.
Both parties were to bear their own costs. The respondent, represented by lawyers Roger Mugabi and Evans Ochieng, welcomed the decision, while the head of Litigation in the Electoral Commission, Eric Sabiiti, represented the election body. However, Komol lamented the three-year litigation period, noting it affected his parliamentary responsibilities. This was the second time the case had come before the Court of Appeal.
The legal battle began in 2021 when the Electoral Commission declared Komol, an independent candidate, as the winner of Dodoth East Parliamentary elections. Lokeris, contesting on the NRM party ticket, lost by a margin of eleven votes (7,892 to 7,903). Lokeris petitioned the Soroti High Court to annul the election results due to non-compliance with electoral laws, alleging illegal practices by Komol.
Judge Anna Bitature Mugenyi dismissed the petition, citing the commissioner’s lack of a valid practicing license who commissioned Lokeris’s affidavits. Displeased, Lokeris appealed to the Court of Appeal, citing errors in rejecting his affidavits.
The Court ordered a fresh hearing before a different High Court Judge, Justice Isa Serunkuma, who also dismissed the case for lack of evidence. Unsatisfied, Lokeris returned to the Court of Appeal, only to have his appeal dismissed for non-compliance with court directives.
URN.