THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT HOIMA
ELECTION PETITION NO. 10 OF 2024
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT 2005 AS
AMENDED
AND
IN THE MATTER OF PARLIAMENTARY ELECTIONS (ELECTIONS
PETITIONS) RULES AS AMENDED
AND IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD ON
7TH FEBURARY 2024
AND
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS FOR DIRECTLY
ELECTED MEMBER OF PARLIAMENT FOR HOIMA WEST DIVISION
CONSTITUENCY HELD ON 7TH Day OF FEBURARY 2024
AMOOTI BUSINGYE APOLLO ::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
1. BIRUNGI GORDON
2. ELECTORAL COMMISSION ::::::::::::::::::::::::::::::::::: RESPONDENTS
NOTICE OF ADDRESS
TO; HIGH OF UGANDA AT HOIMA.
Take Notice that Firm E7 AND CO. ADVOCATES has been duly instructed
to represent the respondents in the above petition.
Any court process and correspondences should be addressed to FIRM E7
AND CO. ADVOCATES, LIRA CITY WEST, LIRA UNIVERSITY,
EDUCATION BUILDING, 2ND FLOOR WORKSHOP ROOM 1.
Dated at Lira This 5th Day of May 2024
_____________________________________
COUNSEL FOR THE RESPONDENTS
CC. PETITIONER
DRAWN AND FILED BY,
FIRM E7 & CO. ADVOCATES
P.P BOX LIRA CITY WEST, LIRA UNIVERSITY,
EDUCATION BUILDING, 2ND FLOOR,
WORKSHOP ROOM 1.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT HOIMA
ELECTION PETITION NO. 10 OF 2024
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT 2005 AS
AMENDED
AND
IN THE MATTER OF PARLIAMENTARY ELECTIONS (ELECTIONS
PETITIONS) RULES AS AMENDED
AND IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD ON
7TH FEBURARY 2024
AND
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS FOR DIRECTLY
ELECTED MEMBER OF PARLIAMENT FOR HOIMA WEST DIVISION
CONSTITUENCY HELD ON 7TH Day OF FEBURARY 2024
AMOOTI BUSINGYE APOLLO ::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
1. BIRUNGI GORDON
2. ELECTORAL COMMISSION ::::::::::::::::::::::::::::::::::: RESPONDENTS
1ST RESPONDENTS ANSWER TO THE PETITION
1. Save as hereinafter expressly admitted, the 1st respondent denies
each and every allegation made against him in the petition, The
petitioners affidavit in support of the petition and all the supporting
affidavits accompanying the petition as if the same were set out
verbatim and traversed seriatim
2. The contents of paragraph 1,2 and 3 of the petition are admitted save
that the first respondent address of service for purposes of this
petition is FIRM E7 AND CO. ADVOCATES, P.O BOX, LIRA CITY
WEST, LIRA UNIVERSITY, EDUCATION BUILDING, 2 ND FLOOR
WORKSHOP ROOM 1.
3. The contents of paragraph 4 of this petition are denied and in specific
answers there to, the 1st respondent shall aver and contend that he
was validly elected as the member of parliament for Hoima West
Division Constituency in Hoima City, as he genuinely won the
elections having lawfully obtained the highest number of votes cast at
the election and further avers that the election conducted in Hoima
West Division Constituency was done in strict compliance of the
Electoral laws and provisions thereto and that the results as tallied
and returned reflects the true will of the people of Hoima West
Division Constituency in Hoima City.
4. The contents of paragraph 4 are further denied in toto and in specific
reply to paragraph 4(i),(ii),(iii), the 1st respondent avers that he was
genuinely nominated in accordance with the electoral Laws and
procedures thereto.
5. The 1st respondent further avers that the petitioner has no genuine
grievance as the election was conducted in accordance with the
principles laid out in the constitution, the parliamentary elections Act
and the electoral commission Act and that if there was any
noncompliance which is denied, the same was minor and did not in
any none way affect the results/ out come of the election in a
substantial manner.
6. The petitioner’s affidavit accompanying the petition contains mere
allegations and falsehood which should not be relied on.
7. That the contents of paragraph 4 and 5 of the petition are denied in
toto and the petitioner shall be put to strict proof. The 1 st respondent
further avers and contends that the averments by the petitioner are
hearsay and imaginary concoctions calculated to mislead and
discredit his victory as the duly elected member of parliament for
Hoima West Division Constituency.
8. The answer to this petition is supported by the affidavit of the 1 st
respondent Honorable Birungi Gordon annexed hereto, and other
affidavits annexed which shall be relied upon at the hearing.
WHEREFORE The 1st respondent prays that this petition be dismissed with
costs to the respondents.
Dated at Lira This 5th Day of May 2024
_____________________________________
COUNSEL FOR THE 1ST RESPONDENT
DRAWN AND FILED BY,
FIRM E7 & CO. ADVOCATES,
P.O BOX LIRA CITY WEST, LIRA UNIVERSITY,
EDUCATION BUILDING, 2ND FLOOR,
WORKSHOP ROOM 1.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT HOIMA
ELECTION PETITION NO. 10 OF 2024
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT 2005 AS
AMENDED
AND
IN THE MATTER OF PARLIAMENTARY ELECTIONS (ELECTIONS
PETITIONS) RULES AS AMENDED
AND IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD ON
7TH FEBURARY 2024
AND
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS FOR DIRECTLY
ELECTED MEMBER OF PARLIAMENT FOR HOIMA WEST DIVISION
CONSTITUENCY HELD ON 7TH Day OF FEBURARY 2024
AMOOTI BUSINGYE APOLLO ::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
1. BIRUNGI GORDON
2. ELECTORAL COMMISSION ::::::::::::::::::::::::::::::::::: RESPONDENTS
1ST RESPONDENT AFFIDAVIT IN SUPPORT OF REPLY TO
PETITION
1. I Birungi Gordon of C/o FIRM E7 AND CO. ADVOCATES, P.O BOX
7117, LIRA CITY WEST, LIRA UNIVERSITY, EDUCATION
BUILDING, 2ND FLOOR WORKSHOP ROOM 1, do solemnly take oath
and state as follows,
2. That I am a male adult Ugandan of sound mind, the 1st respondent to
this petition and depose this affidavit in that capacity.
3. That I am the directly elected member of parliament for Hoima West
Division constituency.
4. That on the 7th of February 2024, the 2nd respondent conducted
general elections to wit I together with the petitioner and BASEMERA
HASFAH contested for the Hoima West Division Constituency
Parliamentary Seat.
5. The 2nd respondent declared me as the duly elected member of
parliament for Hoima West Division Constituency up on attaining the
highest votes cast. (Herein Attached is a copy of the Declaration
form marked as annexure “A”)
6. That on the 7th of April 2024, my name was gazetted on the gazette as
the duly elected member of parliament for Hoima West Division
Constituency and I was subsequently sworn in on the 9th of April
2024. (A copy of the gazette herein attached and marked
annexure “B”)
7. That on the 5th of May 2024 I was served with a petition filed by the
petitioner challenging my election as the duly elected member of
parliament for Hoima West Division.
8. That I have with the help of my Lawyers read and understood the
content of the petition.
9. That the content of paragraph 1,2 and 3 of the affidavit in support of
the petition is admitted.
10. That in response to paragraph 4 of the petitioner’s affidavit in
support of the petition, I have been advised by my lawyers which
advice I verily believe to be true that the petitioner has not disclose
any illegalities alleged nor has he adduced evidence to prove the
allegations.
11. In response to paragraph 5, 6 and 7 of the petitioner’s affidavit
in support of the petition, I was duly nominated by the 2 nd respondent
upon presentation of my academic documents and qualifications duly
verified by Uganda National Examination Board. (A Copy of my “O”
level “A” level certificates herein attached and marked
Annexure’s “C” and “D” respectively)
12. That paragraph 8 of the petitioner’s affidavit in support of the
petition contains falsehood and a concoction of evidence (Herein
attached is a copy of a letter alleged to be from the secretary
office of the president marked as annexure “E”)
13. Paragraph 9 and 10 of the petitioner’s affidavit in support of the
petition is denied in toto.
14. That paragraph 12 and 13 of the petitioner’s affidavit in support
of the petition are not true and the petitioner has not adduced
evidence to prove the same.
15. That the contents of paragraph 14,15,16,17 18,19,20 and 21 of
the petitioner’s affidavit in support of the petition are denied in toto.
Sworn at Lira this 5th Day of May 2024
By the Said BIRUNGI GORDON
______________________________________
DEPONDENT
BEFORE ME
________________________________________
COMMISSIONER FOR OATHS
DRAWN AND FILED BY,
FIRM E7 & CO. ADVOCATES,
P.O BOX LIRA CITY WEST, LIRA UNIVERSITY,
EDUCATION BUILDING, 2ND FLOOR,
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT HOIMA
ELECTION PETITION NO. 10 OF 2024
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT 2005 AS
AMENDED
AND
IN THE MATTER OF PARLIAMENTARY ELECTIONS (ELECTIONS
PETITIONS) RULES AS AMENDED
AND IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD ON
7TH FEBURARY 2024
AND
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS FOR DIRECTLY
ELECTED MEMBER OF PARLIAMENT FOR HOIMA WEST DIVISION
CONSTITUENCY HELD ON 7TH Day OF FEBURARY 2024
AMOOTI BUSINGYE APOLLO ::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
1. BIRUNGI GORDON
2. ELECTORAL COMMISSION ::::::::::::::::::::::::::::::::::: RESPONDENTS
2nd RESPONDENTS ANSWER TO THE PETITION
1. Save as hereinafter expressly admitted, the 2nd respondent denies
each and every allegation made against him in the petition, The
petitioners affidavit in support of the petition and all the supporting
affidavits accompanying the petition as if the same were set out
verbatim and traversed seriatim
2. The contents of paragraph 1,2 and 3 of the petition are admitted save
that the first respondent address of service for purposes of this
petition is FIRM E7 AND CO. ADVOCATES, P.O BOX, LIRA CITY
WEST, LIRA UNIVERSITY, EDUCATION BUILDING, 2 ND FLOOR
WORKSHOP ROOM 1.
3. The contents of paragraph 4(i) of the petition are denied in toto and
the 2nd respondent shall aver that the 1 st respondent was nominated
in accordance with the law upon presentation of academic documents
duly verified by Uganda National Examination Board.
4. The contents of paragraph 4(iv),4(viii) are further denied in toto and
the petitioner shall be put to strict proof.
5. The 2nd respondent further avers that the petitioner has no genuine
grievance as the election was conducted in accordance with the
principles laid out in the constitution, the parliamentary elections Act
and the electoral commission Act and that if there was any
noncompliance which is denied, the same was minor and did not in
any way affect the results/outcome of the election in a substantial
manner.
6. The petitioner’s affidavit accompanying the petition contains mere
allegations and falsehood which should not be relied on.
7. The answer to this petition is supported by the affidavit of JONH DO
the retuning officer of the second respondent hereto, annexed which
shall be relied upon at the hearing.
WHEREFORE The 2nd respondent prays that this petition be dismissed with
costs to the respondents.
Dated at Lira This 5th Day of May 2024
___________________________________
COUNSEL FOR THE 2 nd RESPONDENT
DRAWN AND FILED BY,
FIRM E7 & CO. ADVOCATES,
P.O BOX LIRA CITY WEST, LIRA UNIVERSITY,
EDUCATION BUILDING, 2ND FLOOR,
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT HOIMA
ELECTION PETITION NO. 10 OF 2024
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT 2005 AS
AMENDED
AND
IN THE MATTER OF PARLIAMENTARY ELECTIONS (ELECTIONS
PETITIONS) RULES AS AMENDED
AND IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD ON
7TH FEBURARY 2024
AND
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS FOR DIRECTLY
ELECTED MEMBER OF PARLIAMENT FOR HOIMA WEST DIVISION
CONSTITUENCY HELD ON 7TH Day OF FEBURARY 2024
AMOOTI BUSINGYE APOLLO::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
[Link] GORDON
[Link] COMMISSION::::::::::::::::::::::::::::::::::: RESPONDENTS
1ST RESPONDENT AFFIDAVIT IN SUPPORT OF REPLY TO
PETITION
1. I JOHN DO of C/o FIRM E7 AND CO. ADVOCATES, P.O BOX 7117,
LIRA CITY WEST, LIRA UNIVERSITY, EDUCATION BUILDING, 2 ND
FLOOR WORKSHOP ROOM 1, do solemnly take oath and state as
follows,
2. That I am a male adult Ugandan of sound mind, employed by the 2 nd
respondent as retuning officer Hoima City and depose this affidavit in
that capacity.
3. That on the 23rd Day of November 2023 at about 4:30 pm, I
nominated the 1st respondent (BIRUNGI GORDON) for the position of
Directly elected member of parliament for Hoima West Division in
Hoima City.
4. That the said Birungi Gordon before nomination presented the
following documents;
(i) His academic documents duly verified by Uganda National
Examination.
(ii) A copy of a resignation letter from his job as Resident District
Commissioner Hoima (Herein attached is the academic documents
and resignation letter marked as annexures “A” and “B”
respectively)
5. That on the 7th of February 2024, the 2nd respondent conducted
general elections to wit I personally supervised the said elections for
Hoima West Division Constituency, among others.
6. That upon receiving declaration forms from various polling stations in
Hoima West Division Constituency and Tallying of results, the 1 st
respondent obtained the highest number of votes cast. (Herein
Attached is a copy of the Declaration form marked as annexure
“C”)
7. I declared the 1st respondent who had obtained the highest number of
votes cast as the duly elected member of parliament for Hoima West
Division Constituency on the 9th of February 2024
8. That on the 7th day of April 2024, the 2nd respondent gazetted
BIRUNGI GORDON (1st respondent) on the gazette as the duly elected
member of parliament for Hoima West Division Constituency and he
was subsequently sworn in on the 9 th of April 2024. (A copy of the
gazette herein attached and marked annexure “B”)
9. That on the 5th of May 2024 I received a copy of the petition filed by
the petitioner challenging the election of the first respondent as the
duly elected member of parliament for Hoima West Division.
10. That I have with the help of the 2nd respondents’ lawyers read
and understood the content of the petition.
11. That the contents of paragraph 4,5,6 and 11 of the affidavit in
support of the petition are denied in toto and the petitioner shall be
put to strict proof.
Sworn at Lira this 5th Day of May 2024
By the Said JOHN DO
______________________________________
DEPONDENT
BEFFORE ME
…………………………………………………
COMMISSIONER FOR OATHS
DRAWN AND FILED BY,
FIRM E7 & CO. ADVOCATES,
P.O BOX LIRA CITY WEST, LIRA UNIVERSITY,
EDUCATION BUILDING, 2ND FLOOR,