The Constitutional Court has declared Professor Nkandu Luo dully elected Munali parliamentary Constituency Member of Parliament after finding that the High court erred in law and in facts in its findings that led to it’s nullification of the seat earlier in 2016.
Judge Enock Mulembe who read the judgment on behalf of the full bench said the decision to nullify the election was made without considering the evidence which was submitted before it.
Judge Mulembe said court evidence must support the pleadings and added that the respondent (Doreen Mwamba) failed to provide evidence to prove the allegation that illegal practices affected the election results.
He said it is not factually right to assume that none provision of the G.12 forms could have affected the outcome of the election and could therefore not be the reason for nullifying an elections.
“The trial judge erred when he based his decision to nullifying an election on a witness who was not credible. The evidence which was submitted was in conflicts.The petitioner needed to prove the allegation of misconduct on the party of the appellant.”Judge Mulemba said.
He said the incident cited as the reason for nullification was not wide spread saying this was infact the only incidence that was recorded hence setting aside the finding of the lower court.
The Concourt further held that the Trial court misdirected itself in the stand of proof in an election petition as there was no need for the court to shift the burden of proof to the appellant (Nkandu Luo) as this violated the laws set in various election petitions.
High Court Edward Musona in 2016 nulliffied the election of Nkandu Luo as Munali MP when he found that the election was marred with violence thus disadvantaging the petitioner Doreen Mwamba of the UPND.