Mr Patrick Nkalubo, who lost to Mr Ssekikubo, has filed fresh election petition challenging the victory of alleging that Mr Ssekikubo, the NRM flag bearer and incumbent MP, was declared winner of the February 18 polls ‘by error’ after he ‘fraudulently’ attained the highest number of votes.

Theodore Ssekikubo says these are contemptuous court cases that are only intended to disrupt his concentration in parliament.

Mr Ssekikubo was declared winner with 9,272 votes, beating Mr Nkalubo (Ind.) who garnered 8,074 votes followed by Wilber Nahwera (157 votes) and Andrew Ankunda (68 votes).

But through his application filed on February 26, Mr Nkalubo challenged the results arguing that they were not genuine, thus asking court to nullify them and eventually order a recount.

However, at the start of the hearing of the case at Masaka Chief Magistrates court, Ssekikubo’s lawyers raised an objection challenging the jurisdiction of the court to handle the matter.

They also applied to appeal against the decision of the chief magistrate to proceed with the hearing.

Instead of granting their request, the Chief Magistrate referred the matter to the constitutional court for interpretation.

In their ruling today, a Coram of five constitutional court judges dismissed the application for lack of merit and referred it back to the lower court.

“This reference lacks merit. It is dismissed and parties are each to bear their costs. This file is to be returned to the Chief magistrates’ court in Masaka to urgently conclude the management of miscellaneous cause No. 11 of 2016,” the judges said.

The Coram constituted of the Deputy Chief Justice, Steven Kavuma, Justice Richard Buteera, Elizabeth Musoke, Cheborion Barishaki and Justice Paul Mugamba.