A candidate vying for the Sheema municipality Parliamentary seat has petitioned the NRM Electoral Commission contesting the eligibility of Science and Technology Minister, Dr Elioda Tumwesigye in running for the seat.
Minister Elioda who doubles as Sheema North MP has joined the race for Sheema Municipality MP. He picked nomination forms from NRM electoral commission offices in Kyadondo on Tuesday.
Now, Kampala based lawyer, David Kamukama through his lawyers has challenged Elioda’s candidature saying a serving MP can not run for a parallel Parliamentary election. Kamukama is running on the NRM ticket.
“Our client is an intended candidate for Member of Parliament for Sheema Municipality and has expressed interest with the NRM Electoral Commission,” a May 7 letter addressed to the NRM Electoral Commission Chairman, Dr Tanga Odoi reads in part.
“Our client has learnt that Hon Dr Elioda Tumwesigye MP for Sheema North who was elected on February 18 2016 on the NRM ticket has picked nomination forms to contest for the newly created seat of Sheema Municipality in the forthcoming elections while he is a serving public servant,” Kamukama’s lawyers further state.
They say that Elioda by virtue of Article 175 (a) of the Constitution of the Republic of Uganda, Elioda is a public officer as he serves as such in a Ministerial position of the government and his emoluments are payable directly from the Consolidated Fund.
Quoting Section 4(4) (a) of the Parliamentary Elections Act, Kamukama contends that any person employed by a government department, agency or any body in which government has a controlling authority is barred from contesting in an election as MP unless such a person resigns from that office at least 90 days before the nomination day.
However, in his interpretation, the Electoral Commission Chairman, Justice Simon Byabakama cited Article 257 (2) b which defines an office in the Public Service.
Byabakama says the Article makes no reference to the Office of the President, the Vice President, Speaker, Deputy Speaker, A Minister, the Attorney General, an MP, a member of any commission, Authority, Council or Committee established by the Constitution.
In a May 7 letter seen by SoftPower News, Justice Byabakama wrote to the NRM Deputy Electoral Commission Chairman John Kyigagi Arimpa, stating that Minister Elioda doesn’t need to resign his ministerial or parliamentary seat to contest in the new Sheema municipality.
Elections for NRM primaries are slated for May 31 according to the NRM Electoral Commission.