LOSING UPND candidate in the Matero parliamentary elections Tom Michelo has appealed to the Constitutional Court against the High Court’s decision in which Patriotic Front member of parliament Miles Sampa was declared validly elected.
Michelo, in a notice of appeal filed in the Constitutional Court, said he was dissatisfied with judge Derrick Mulenga’s decision that Sampa was the duly elected MP for Matero in a petition judgment delivered on November 19, 2021.
Michelo had argued that Sampa engaged in electoral malpractices which prevented the electorates from voting for a candidate of their choice.
But judge Mulenga dismissed the petition and declared that Sampa validly won the election.
Michelo in his appeal has filed 13 grounds.
He has argued that judge Mulenga erred both in law and in fact when he decided to ignore and disregard the overwhelming evidence of acts of violence laid before him and instead held that there was no evidence to show that acts of violence were widespread and prevented the majority of voters in Matero constituency from electing a candidate of choice.
Michelo also argued that the learned trial judge erred both in law and in fact when he decided and held that he failed on allegations of undue influence when such allegations were in fact proven.
Michelo added that the trial judge erred in law and in fact when he decided on the one hand to reject or disregard the evidence showing a series of violent attacks carried out by cadres acting with the knowledge and consent of Sampa on UPND supporters and held that it was illogical to conclude that Sampa and his team were the perpetrators of an alleged attack on Gilbert Liswaniso, a UPND member, while on the other hand held without any evidence that Sampa was instead attacked by UPND cadres.
The appellant stated that judge Mulenga erred in law and in fact when he decided that there was no evidence that the Electoral Process was so flawed and nor conducted in conformity with the law or the few mentions miscalculations by the presiding officers affected the result, when in fact such evidence existed and was laid before him.
He said the judge misdirected himself when he decided and held that Sampa was the duly elected as MP for Matero constituency.