By Leonard Kamugisha Akida,
NATIONAL
After a long period of battling with court case, justice has finally prevailed for the National Unity platform Dr Christine Ndagire Ndiwalana after court of appeal declared her the rightful member of parliament for Bukomansimbi North County.
Ndiwalana’s victory was in September last year nullified by the High Court in Masaka on allegations of lack of academic qualifications.
This followed an election petition filed by Nandagire’s National Resistance Movement-NRM rival, Ruth Katushabe, accusing Ndiwalana of not possessing required education levels for the position.
About the petition
In her application, Katushabe argued that the Electoral Commission nominated her rival basing on the non-existent Uganda Advanced Certificate of Education-UACE certificate, which she purportedly obtained in 1997 yet she never enrolled for A level.
She argued that while Nandagire attended a Nursing and Midwifery course, she duped the Electoral Commission with an uncertified Advanced level certificate she claimed to have obtained from Uganda National Examinations Board-UNEB.
Katushabe also argued that although Nandigire attended ordinary secondary education level, her admission to senior one was invalid because she had failed Primary Leaving Examinations-PLE, and did not qualify for admission to secondary.
She also told the court that besides having questionable academic papers, Nandagire has variations in the names on her academic papers, which cast doubt on her true identity and authenticity of the qualification papers.
Through her lawyer, Godfrey Kandeebe, Katushabe sought the court to nullify the election and declare her winner arguing that the respondent was irregularly nominated.
Dr. Ndiwalana Defends her victory
In her defence, Nandagire, who ran on the National Unity Platform-NUP party ticket told the court that she presented a certificate of Nursing and Midwifery Course from St Francis Hospital Nsambya, that was dully verified as an equivalent of Advanced level of education.
She however contradicted herself in one of her affidavits, saying that she sat for Uganda Advanced Certificate of Education-UACE in 1998, which she couldn’t substantiate with certified certificates from UNEB.
The Bukomansimbi district Electoral Commission Returning Officer, Easter Asiimwe complicated the matters when she told the court that Nandigire was nominated based on minimum academic qualifications of a Senior six certificate, which she failed to present before the court.
In her verdict at Masaka High Court on September 28, last year, Lady Justice Ketra Katunguuka overturned the victory of Christine Nandagire Ndiwalana, as Bukomansimbi North Member of Parliament on grounds of inconsistencies in Nandagire’s academic papers and eventual nomination adding that she did not qualify for election as a member of parliament.
Court further held that Nandagire lied on oaths about the details of her academic papers and that even when given the opportunity, she failed to present certified original copies of her alleged Uganda Advanced Certificate of Education or Certificate of Nursing and Midwifery.
The judge ruled that the much Nandagire could present before the court was an equivalent of Senior six certificate of enrolment into a Nursing school obtained in 1995, which expires every after five years.
The court ruled that Nandagire fell short on the principles of trust and credibility and ordered fresh nominations and a by-election in the Bukomansimbi North constituency.
Ndiwalana Appeals for justice
Confident of her academic documents and eligibility to be elected the MP, Ndiwalana then rushed to the court of appeal challenging decision by Lady Justice Katunguka to overturn her victory arguing that the High Court based its decision on mere technicalities, which she said does not make her less educated for the position of MP.
Court of Appeal ruling
In a ruling delivered by the court of appeal on Thursday 28th April, 2022, the court of appeal has declared Dr. Christine Ndagire Ndiwalana the rightful MP for Bukomansimbi North County and overturned decision by the High Court to nullify her victory and conduct fresh elections.
Welcoming the ruling
Shirtly after the court, Ndiwalana told journalist’s that it was by God’s favour upon her that the court of appeal ruled in her favour urging electorates in Bukomansimbi to pray always.
“Three things cannot be long hidden: the sun, the moon, and the truth. Today we emphasized the truth from the court of appeal. Bukomansimbi belongs to NUP,” she said with tears of joys rolling out of her eyes.
