By Ruth Anderah
The Court of Appeal has overturned a High Court decision which had nullified the election of NRM’s Idi Isabirye as MP for Bunya South constituency in Mayuge District.
The three justices including the Deputy Chief Justice Richard Buteera, Hellen Obura and Catherine Bamugemereire have allowed Isabirye’s appeal against the decision of Jinja High court judge Susan Abinyo.
Justice Abinyo on October 15th 2021 cancelled Isabirye’s election and ordered fresh elections in the constituency based on a petition that was filed by a one Robert Ntende.
Ntende had accused MP Isabirye of voter bribery and connivance with the Electoral Commission to enter wrong results in the Result Declaration Forms.
Ntende stated in his petition that on 10th January 2021 during the campaign period, Isabirye met with the youths of Nalubaabwe Centre and gave them 300, 000 shillings out of the 600,000 shillings he pledged.
Owing to this evidence, Justice Abinyo ruled that Ntende had proved the bribery allegations and that it affected the outcome of the election in a substantial manner.
However, the Court of Appeal says after a re-perusal of the lower Court record, they have come to a conclusion that Justice Abinyo did not consider MP Isabirye’s defence and hence arrived at a wrong conclusion.