THE Constitutional Court yesterday overturned the nullification of Professor Nkandu Luo’s Munali parliamentary seat after finding that there was merit in her appeal.
Prof Luo, who is higher education minister, appealed against the nullification of her seat by High Court judge Edward Musona after losing UPND candidate Doreen Mwamba challenged her electoral victory on account of electoral malpractices and successfully petitioned it.
However, after considering the evidence on record, ConCourt judges Annie Sitali, Enock Mulembe, Professor Margaret Munalula and Martin Musaluke quashed the nullification of Prof Luo’s seat and declared her duly elected member of parliament for Munali.
Judge Mulembe, who delivered the judgment, said Mwamba failed to prove allegations of illegal activities in Munali with convincing clarity and cogent evidence and reversed the findings of judge Musona, saying he grossly misdirected himself.
Judge Mulembe then declared Prof Luo has duly elected member of parliament for Munali.