The Court of Appeal has made a decisive ruling, ousting Polycarp Ogwari from his position as Agule County Member of Parliament and instating his contender, David Ochwa, following a dispute over Ogwari’s nomination for the 2021 elections.

In a verdict delivered on Tuesday evening, the court upheld Ochwa’s appeal, leading to his immediate assumption of office. The decision stemmed from a legal challenge initiated by Ochwa, contesting Ogwari’s nomination.

During the 2021 elections, Ogwari, an independent candidate aligned with the National Resistance Movement (NRM), emerged victorious with 7,190 votes, while Ochwa, running on the NRM ticket, secured 6,908 votes. Dissatisfied with the outcome, Ochwa petitioned the Mbale High Court, citing electoral malpractice and questioning Ogwari’s academic qualifications.

In a significant turn of events, the Court of Appeal ruled in Ochwa’s favour in April 2022, prompting a retrial before a different High Court judge. Subsequently, on December 15th, 2022, Justice Moses Kazibwe nullified Ogwari’s victory, prompting the recent appeal.

In his appeal, Ogwari contested the High Court’s handling of the case, alleging procedural errors and disputing the grounds for nullifying his election victory. However, the Justices of the Court of Appeal sided with Ochwa, emphasizing that Ogwari’s nomination was invalid due to his failure to provide the requisite academic qualifications.

According to the ruling, Ogwari lacked the necessary academic credentials specified under Article 84 of the Constitution and Section 4 of the Parliamentary Elections Act.

Despite Ogwari’s claim of possessing a Certificate of Equivalence, the court highlighted the absence of this document during the nomination process, deeming his nomination invalid.

As a result, the court directed Ogwari to vacate his position as the Member of Parliament for Agule County, with Ochwa assuming the role henceforth. Additionally, Ogwari was ordered to cover the costs incurred by Ochwa during the legal proceedings.

With this ruling, Ochwa’s victory marks a significant milestone in the ongoing legal battle over the Agule County parliamentary seat, underscoring the importance of adherence to electoral regulations and academic requirements in the democratic process.