The Court of Appeal has over-turned the Lira High Court decision that nullified Defence Minister Okello Engora Macodwongo’s election as Oyam North MP.
The high court had nullified his election over allegations that he lacked the requisite academic qualifications.
In June last year, Lira High Court Judge Jessica Naiga Ayebazibwe, cancelled Macodwongo’s election, based on the evidence from UPC’s Ayena Odongo that the minister used someone else’s masters Degree for nomination and subsequent election as Oyam North MP.
However today, three Court of Appeal Justices including; former Deputy Chief Justice Steven Kavuma, Elizabeth Musoke and Cheborion Barishaki faulted justice Naiga, for wrongly applying the law on election matters, when she shifted the burden of proof of academic qualifications from the petitioner to the respondent, well knowing that naturally he who alleges must prove to court’s satisfaction.
The justices have ruled that after a careful perusal of the evidence on record, it’s their view that the minister possesses more than the required academic qualifications of an MP.
