‘We will suffer irreparable loss and harm,’ Eng. Odongo swears as CoA set to judge

Lango Cultural Institution (LCI) promoters have put their defenses and evidence before the Court of Appeal (CoA) in Kampala.

Eng. Odongo Okune, Ojwang Opota, Willie Omodo Omodo, Otim Tom; Okello Hamza and Vincent I. Oling have filed civil application No.717 of 2024, arising from Court of Appeal Civil Appeal No. 922 of 2024, arising from Lira High Court Civil Suit No. 10 of 2024.

The above applicants, v. Obia Denis Acila and Benjamin Okii (respondents), request that the Court of Appeal grant them a stay of execution following the October 31 ruling.

That landmark ruling, issued by Justice Philip Odoki, declared Eng. Odongo’s election as Lango’s paramount chief “null and void.” The same judge barred Otim Tom, Okello Hamza, and Vincent I. Oling from serving on the LCI electoral commission or claiming to be members.

Furthermore, the Judge issued a permanent injunction preventing Eng. Odongo from performing his duties as Lango’s Paramount Chief.

Read more declarations here: Lira High Court October 31 judgement.

Following the judgment, Eng. Odongo and his allies sought a stay of execution, which the same Judge dismissed with costs.

In their many attempts to reclaim cultural power, the Court of Appeal has set December 16, 2024, at 9:30 a.m. as the date on which it will rule whether to uphold the High Court’s decision or grant the applicants victory.

But, what exactly has been presented to the CoA? tndNews sampled a few of the ‘evidences’ now before the court, in no particular order.

In his affidavit received by the Court on December 10, 2024, Eng. Odongo Okune presented affidavit through Kampala Associated Advocates and Makmot Kibwanga & Co., Advocates.

He (Eng. Odongo) presented 24 sworn affidavits, few among them include:

• That we have deposited security for costs, and we are aware that the judgement has no orders of payment of money and therefore there is no need for security for due performance although we are also ready to deposit it if ordered for
• That there is serious threat of execution before the hearing of the main application and the appeal
• That on 4^th November 2024, third parties wrote to the Minister of Gender, Labour and Social Development forwarding the orders of the court and demanding that the Minister complies with the order for degazettement of the 1^st Applicant and regazzettement of Yosam Odur.
• That the above actions of the Respondents demonstrate that the Respondents have immediately taken steps to execute the orders of the final judgement
• That the Respondents are provocative and making a number of criminal complaints to police when accosted by the clan heads aligned to the applicants – who are the majority – all in the names of executing these court orders to frustrate our activities generally as cultural leaders.
• That the Applicants’ intended appeal has a likelihood of success. The proposed grounds of appeal include the following:
• (i) That the learned Judge erred in law and fact by misapplying customary law, norms and practices of the Lango people in relation to the election of the paramount chief and reached a wrong decision that the 1syt applicant’s election was null and void;
• (ii) That the learned Judge erred in law and fact when he introduced his own alien facts and orders not prayed for in the pleading from which he declared the abdicated Yosam Odur as the Paramount Chief of Lango.
• That if this application is not granted, the Applicants’ appeal shall be rendered nugatory as subject matter is a social, cultural and economic right which is protected by the constitution of Uganda and any moment of deprivation is irredeemable which includes the period before which the appeal is determined.
• That if the application is not granted, the Applicants will suffer irreparable loss and harm.
• That the balance of convenience lies in favour of the Applicants. I was elected as paramount chief of Lango and it would be grave inconvenience to me to be degazzetted as paramount chief and to have the abdicated Yosam Odur, a non-party to the matters, to be reinstated through regazzettement before the Appeal is heard and determined.
• That the learned Judge erred in law and fact when he found that the respondents exhausted available remedies under the Institution of Traditional and Cultural Leaders Act and therefore not premature before court
• That the learned Judge erred in law and fact when he based his decisions on the 2017 constitution of Lango Cultural Foundation having found it to be a codification of the customary laws of Lango regarding election.