Masindi High Court has vacated an injunction that was filed by the Masindi District LC 5 Chairman, Mr Cosmas Byaruhanga, seeking to block the nomination of Mr Wilson Isingoma Mugimba as the NRM flag bearer for the seat of district chairman in the forthcoming 2021 poll.
Through his lawyer, Simon Kasangaki of Kasangaki & Co Advocates, Mr Byaruhanga filed the order on 1st this month after filing a case challenging the way the NRM Election Dispute Tribunal nullified his election before handing the flag to Mr Mugimba.
Mr Mugimba petitioned the tribunal challenging Mr Byaruhanga’s victory in the September 11, 2020 NRM party primaries citing election malpractices after the latter was declared the party flag bearer by the district returning officer, Mr John Paul Osinde.
During the elections, the Masindi district NRM registrar, Moses Ogwang, declared Mr Byaruhanga the winner after polling 24,744 votes, while Mugimba got 20,708 votes.
Mr Mugimba, not satisfied with the results, petitioned the NRM election tribunal on September 14 contending that the declaration forms from the Greater Bwijanga sub-county were confiscated by the sub-county registrar, Peter Babyesiza.
Greater Bwijanga consists of Bulima town council, and traditional Bwijanga and Bikonzi sub-counties.
However, Mr Byaruhanga who challenged the NRM tribunal was nominated for the seat by Mr Osinde before securing a court order stopping the Electoral Commission from nominating Mr Mugimba as the NRM candidate.
Mr Osinde eventually nominated Mr Mugimba as an independent candidate arguing that he could not nominate him on the NRM ticket since he had already nominated Mr Byaruhanga on the same party ticket.
The Masindi High Court Registrar, Simon Kintu Zirintusa, on Wednesday vacated the order on grounds that it was valid for only three days that elapsed adding that the order was meant to block Mr Mugimba from being nominated as the NRM flag bearer and was nominated as an independent candidate and that the nominations ended.
The registrar also referred Mr Byaruhanga’s case against the tribunal to the Principal Judge for determination.
The Masindi Resident Judge, Paul Gadenya Wolimbwa, was recently involved in a road accident leaving him hospitalised.
Speaking to the press, Mr Mugimba said the registrar’s decision will help him to get nominated as the NRM candidate after being blocked.
However, Mr Byaruhanga says he is not affected by the court decision stressing that he achieved in blocking Mr Mugimba’s nomination as the NRM candidate before the case against the NRM tribunal is determined.