Elections Commission throws out Lam Akol’s case against SPLM leader

KHARTOUM (Feb 9, 2010) – The Supreme National Court on Monday threw out a case filed to it by Dr. Lam Akol demanding the Court invalidate the nomination of SPLM Chairman Comrade Salva Kiir, a candidate for the position of president of GOSS in the coming elections.


Dr. Akol, himself a candidate for the same position, initially filed a petition against Cde Kiir’s candidacy with the National Elections Commission (NEC).

Dr. Akol claimed that Cde Kiir was an active senior military officer and could therefore not run for office.

But on February 2, NEC released a statement saying it had no mandate to hear such a case and advised Dr. Akol to take his case to the Supreme National Court.

In its ruling, the Court, charged with hearing and disposing of cases specifically related to elections, said that it saw no grounds, under its mandate, to annul Cde Kiir’s candidacy.

It argued that the points Dr. Akol raised do not feature anywhere in the Elections Act of 2008 from which the Court draws its authority.

The SPLM chairman answered questions about his connections with the military in remarks he made shortly after presenting his nomination papers to the South Sudan High Elections Committee in Juba on January 25.

Cde Kiir explained there was no controversy over the issue, saying he retired from the army in July 2005 when he was appointed Vice President of the Government of South Sudan by the late SPLM leader Dr. John Garang De Mabior.

It’s worth mentioning that Cde Kiir shall contest as a civilian and should he win, he shall automatically become the commander-in-chief of the army in accordance with the constitution of South Sudan.

“The position of commander-in-chief is not a military rank,” Cde Kiir had said.

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