Court of Appeal: Ogwang Okul’s sworn affidavit in reply to Eng. Odongo Okune’s

Lira | Following the Lira High Court ruling on October 31, the Lango cultural affairs case is now before the Court of Appeal in Kampala.

The Lira High Court issued a landmark decision in Civil Suit No. 10 of 2024, which pitted Eng. Michael Odongo Okune, Ojwang Opota, Willie Omodo Omodo; Otim Tom, Okello Hamza, and Vincent I. Oling against Obia Denis Acila and Benjamin Okii (respondents).

Justice Philip Odoki, among other decisions, ruled that Eng. Odongo Okune and Dickson Ogwang Okul’s elections were null and void.

The learned Judge issued a permanent injunction, prohibiting Eng. Odongo Okune from carrying out his duties as the Paramount Chief of Lango. Read more here.

Eng. Odongo and his associates have appealed to the Court of Appeal after the October 31 ruling and the subsequent denial of their application for a stay of execution by the same court.

In addition to telling the Court of Appeal that the learned Judge erred and that their new appeal is likely to succeed, Eng. Odongo also mentioned Ogwang Okul in his sworn affidavit.

Ogwang’s affidavit, which tndNews has a copy of, says the following:

1. I, Dickson Ogwang of M/S Ahamark Advocates, Plot. 3 Parliament Avenue. Suite A.6 Lower Annex, Raja Chambers P.O Box 119337, Kampala M/s Egaru & Co. Advocates, Plot 7 Olwol Road, P.o Box 536 Lira, and Abwang Otim, Opok and Co Advocates, Plot 57, Police Road P.O Box 902, Lira do hereby take oath and swear as follows;
2. THAT with aid of my Lawyers above, I have read the contents of the Notice of Motion and affidavit in support of a substantive stay of execution pending Appeal and reply as hereunder.
3.  THAT I am the Paramount Chief of Lango, whose election was nullified by the High Court in the matter of Civil Suit No. 10 of 2024. I am Party Number 3 in the Counter-Claim under that suit.
4. THAT I understand that the Applicant, Eng. Michael Odongo Okune, is seeking a stay of execution of the High Court’s judgment dated October 31st, 2024 and he makes reference to my name and person in several paragraphs of his affidavit in support.
5. THAT I am aware that the 1st Applicant had organized for his coronation as the Paramount Chief of Lango Chiefdom on the 02nd November 2024 at Mayor’s Gardens Lira City but the same did not take place as the court nullified his and my elections as Paramount Chief of Lango by judgmebt dated 31st October 2024.
6. THAT the current status quo is that he is not the Paramount chief of Lango and my claim to the throne of Paramount Chief of Lango was also nullified by court as the seat of Won Nyach reverted back to Mzee Yosam Odur Ebil, the Paramount Chief of Lango whose abdication that was meant to take effect on 01st November 2024 was nullified by the court judgment of 31st October 2024 before it took effect.
7. THAT I contend that any stay of execution granted to the Applicant must equally apply to me. The High Court’s judgment nullified both my election and that of the Applicant.
8. THAT I am informed by my lawyers M/S Ahamark Advocates whose advise I verily believe to be true that a stay of execution of the orders of the high court in Civil Suit No. 10 of 2024 means that I can also go ahead with my claim to the throne as Paramount Chief of Lango in pursuit of my cultural rights as a duly elected Paramount Chief of Lango through adult suffrage of over 2000 people of Lango Chiefdom.
9. THAT in order to create peace and harmony, I had chosen to respect the judgment and orders of court which was self-executing in nature because neither myself nor the 1st Applicant was officially on the throne of Won Nyach of Lango by the 31st October 2024 when the high court delivered Judgment as Mzee Yosamu Odur Ebil’s abdication was to take effect on 01st November 2024 which didn’t happen.
10. THAT Mzee Yosamu Odur Ebil was and is still the Paramount Chief of Lango to date and thus grant of a stay of execution as sought by the Applicants would lead and create more confusion as we would be three Paramount Chiefs to the throne as a result of a stay of execution which will create more hardship and confusion in Lango Chiefdom.
11. THAT the 1st Applicant will not suffer any substantial loss or damage in the event that the application for stay is not granted since he has never been coronated as Paramount Chief of Lango as the event didn’t take place, he has not enjoyed any benefits before and after the court judgment.
12. THAT failure to grant the orders sought in this application cannot render the Appeal nugatory as the people of Lango Chiefdom are currently paying allegiance to and being served by His Highness Mzee Yosamu Odur Ebil as the Parampunt Chief and as and when the court of Appeal determines the Appeal pending, whoever is supposed to be the Paramount Chief will still take over office.
13. THAT grant of the orders sought will create a vacuum in the leadership of Lango Chiefdom as it will mean that there is no cultural leader for Lango which would create more absurdity and not in the best interests of justice.
14. THAT the basis of Civil Suit No. 10 of 2024 is that two persons that is; myself and the 1st Applicant were claiming the throne of Paramount Chief of Lango and the effect and import of the court Judgment was that none of us claiming had been validly elected and that the reigning Paramount Chief Mzee Yosam Odur Ebil whose abdication was to take effect on 01st November 2024 should continue in office and that’s what is on ground now.
15. THAT the 1st Applicant, Eng. Michael Odongo Okune, has demonstrably exhibited defiance towards the reigning Paramount Chief, Mzee Yosam Odur Ebii, for over eight years. His actions demonstrate a consistent disregard for lawful processes and procedures. His conduct in organizing the election on 1st March 2024, without adhering to legal requirements, further underscores this pattern of illegality.
16. THAT the Lango Cultural Foundation (LCF) has a legitimate right to access the Lango Cultural Centre. I am not currently pursuing criminal charges against individuals associated with Eng. Okune.
17. THAT several individuals aligned with him have committed criminal offenses, including the ambushing of my vehicle, resulting in damage to my property and injury to my driver and security guard, as well as assaulting me personally. These incidents are currently under police investigation vide Lira CRB. 729/2024 and CRB. 693/2024 among others.
18. THAT I believe that the Honorable Justice Philip Odoki, in his judgment, considered the role of the court to restore leadership to His Highness Mzee Yosam Odur Ebii, while leaving the Applicant and myself in equal standing, reflects a conciliatory approach aimed at restoring peace and unity within our divided community. This, I believe, is a just and equitable outcome.
19. THAT the arguments of being gazetted cannot confer upon the 1st Applicant any rights as the same was illegally done before the reigning Paramount Chief abdicated the throne and when the 1st applicant was not coronated or sworn in as Paramount Chief of Lango in accordance with the cultural Constitution and the cultural norms and practices of our people.
20. THAT the applicants have not made out a case for grant of the orders sought and their application should be dismissed in the interest of justice, reconciliation, harmony and promotion of cultural respect and discipline.
21. That whatever is stated herein above is true to the best of my knowledge and belief save for the paragraphs whose source is therein disclosed.

His attorneys, M/s Ahamark Advocates, Plot 3, Parliament Avenue, Raja Chambers; M/s Egaru and Co Advocates, Plot 7 Olwol Road, Lira City; and M/s Abwang Otim, Opok, and Co Advocates, Plot 7, Police Road, Lira City, drafted and submitted his affidavit accordingly.

The ruling is expected to be passed after Christmas.