No evidence that the election of Martin Ngoga violated procedures, EA Court rules
Arusha. An appeal to unseat the Speaker of the East African Legislative Assembly (Eala) Martin K. Ngoga has been dismissed.
The East African Court of Justice (EACJ) ruled out an appeal lodged by Burundi that the election of Mr. Ngoga flauted the procedures.
Burundi had challenged the decision of the First Instance Division of the Court to uphold the election of the Rwandan lawmaker as Eala Speaker in December 2017.
But the Court yesterday dismissed the appeal with costs and the Intervener. The ruling was read by Judge Aaron Ringera.
There were five judges during the ruling which was delivered through a video conference that the regional Covid embraced after the outbreak of pandemic.
One of the five judges dissented the ruling. His judgement will be delivered at a later date, the court session was told.
Judge Ringera said the applicant failed to convince the Court that Burundi and Tanzania legislators were not in the Assembly during the election of the Speaker.
He said Burundi and Tanzania MPs were around during the voting and that the two countries had fielded candidates from their respective countries for the post.
After Mr. Ngoga was elected, Burundi through its Attorney General filed a case before EACJ challenging the election on grounds MPs from Burundi and Tanzania did not vote.
After the controversial polls, Eala declared Mr. Ngoga the winner with 33 votes against three by Ms Leontine Nzeyimana of Burundi and none by Adam Kimbisa, a Tanzanian candidate.
After several sessions of hearing, EACJ's First Instance Division last year dismissed the application, saying the election did not contravene with the law.
"Eala was duly constituted when the election took place and that there was no evidence of boycott by Burundi and Tanzania MPs", said Lady Justice Monica Mugyenyi.
