In her application, Nakabira contended that Mbabali used the mature entry Age certificate from Makerere University for his nomination, which isnt provided for in the law. The Parliamentary Election Act stipulates that for one to contest for a parliamentary seat, he must be a holder of an Advanced Level Education certificate or its equivalent.
In December last year, Nakabira petitioned court challenging the nomination of Mbabaali on grounds that he lacks the Advanced level certificate of education or its equivalent. In her application, Nakabira contended that Mbabaali used the mature entry Age certificate from Makerere University for his nomination, which isn't provided for in the law. The Parliamentary Election Act stipulates that for one to contest for a parliamentary seat, he must be a holder of an Advanced Level Education certificate or its equivalent.
However, court didn't resolve the matter until the polls were held. In April, Mbabaali through his lawyer, Caleb Alaka asked court to dismiss the application with costs, since he had been nominated and elected. Alaka argued that the petition was legally meant to be disposed of before the election. In May, Justice John Eudes Keitirima dismissed the application, saying he was convinced the matter had been overtaken by events, since the application had sought to stop Mbabaali's nomination.
She advised Nakabira to file a fresh application if she is not satisfied with the ruling. As a result, Nakabira filed a fresh application through her lawyer Asuman Basalirwa. In her application, Nakabira argued that it wasn't her fault that court couldn't hear and dispose of the application in time. According to Nakabira, she filed the application in time adding that it was meant to be disposed of before the February 18th polls.
She also argues that forgery and lack of academic qualifications are such serious matters, which can't be swept under the carpet. This morning, Baker Rwatooro, the Assistant Masaka High Court registrar reinstated the hearing of the application, saying the judge dismissed the application on flimsy grounds. He concurred with Nakabira that the matter was brought before court in time, saying it wasn't the applicant's fault that it wasn't handled in time, adding that it was a mistake of court not to attend to it.
He therefore directed Mbabaali to file a defense to the application in the next 14 days before hearing starts mid next month. Mbabaali was not in court but his lawyer Caleb Alaka was present. He said he will consult his client before they respond to court.