By Ben Musanje
Minister of State for Karamoja Affairs Esther Davinia Anyakun, who used to be very powerful and almost untouchable during Anita Among’s heydays, has suffered a setback in the election petition challenging her victory after the High Court allowed her rival, Lilly Lopuwa, to file additional affidavits and rejoinders in support of the case.
The dispute derives from the Nakapiripirit district Woman MP race of Thursday 15th January where Anyakun was controversially declared winner with 16,275 votes against NRM-leaning independent Lilly Lopuwa’s 11,675. The other equally aggrieved candidate was Zipporah Nate of FDC who trailed with 756 votes.
During a preliminary hearing in Kampala on Thursday September 17, Anyakun, through her lawyers Okello Oryem & Co. Advocates, sought to block Lopuwa from submitting the additional documents to strengthen her evidence.
Counsel Oryem argued that Lopuwa had been given sufficient time to prepare her case and that allowing further documents would disrupt their preparations and delay the petition, which is subject to strict timelines.
However, visiting High Court Judge Vincent Opyene ruled in favour of Lopuwa, granting her one week to file the rejoinders.
Justice Opyene said allowing the additional filings would ensure fairness to all parties and enable justice to prevail.
Lopuwa, through Kituuma-Magala & Co. Advocates, had applied for permission to introduce additional information to strengthen her evidence in the petition challenging the January 15 parliamentary election in Nakapiripirit District.
The judge, however, clarified that the permission was limited to filing rejoinders and cautioned the petitioner against introducing entirely new issues. He also allowed Lopuwa to expand on her existing affidavit and file it by September 30.
Lopuwa filed Election Petition No. 002 before the High Court in Moroto, challenging the election of Anyakun as the Nakapiripirit district woman Member of Parliament and naming the Electoral Commission as the second respondent.
In the petition, Lopuwa alleges ballot stuffing, military involvement, voter bribery and other irregularities in the conduct of the election.
The allegations remain contested and will be determined through the court process.
Anyakun was the only one of the petitioned candidates from Karamoja who did not appear at the Kampala High Court premises during the preliminary proceedings for the region’s three election petitions.
The substantive hearing of the petition against Anyakun is scheduled to begin on October 14 at the High Court in Moroto at 9:00am.
Justice Opyene also cautioned lawyers involved in the case against travelling to Karamoja at night, warning that the journey could be dangerous. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
