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Why Supreme Court Dismissed Mbabazi Election Petition

The Supreme Court panel of 9 judges on Thursday morning unanimously dismissed the petition filed by former Prime Minister Amama Mbabazi challenging the results of the February 18 elections.

Mbabazi through his lawyers that included Muhammad Mbabazi, viagra 60mg http://culture.you-ng.it/wp-content/plugins/contact-form-7/includes/functions.php Severino Twinobusingye, http://contesta.fusolab.net/vstra.php Michael Akampurira and Asuman Basaalirwa among others challenged the outcome of the polls saying there were irregularities in the electoral process and that not comply with the provisions of the Presidential Elections and Electoral Commission Act.

On Thursday morning, http://costpricesupplements.com.au/wp-content/plugins/jetpack/json-endpoints/class.wpcom-json-api-get-site-v1-2-endpoint.php the court in its judgment read by the Chief Justice Bart Katureebe said that after carefully looking at evidence in form of affidavits presented by both sides to them, they could not find any merit that would warrant an annulment of the February 18th polls.

“We have found there was some non-compliance but we are not satisfied it affected the results substantially,”Katureebe said.

The judges said that the non-compliance allegations as made by the petitioner such as the absence of a legal voters’ register were not backed by evidence.

“The petitioner received as one of the presidential candidates a copy of the newly compiled register. The EC used data from the national identification authority on whose governing board is the first respondent (EC).”

Electoral Commission boss Badru Kiggundu with one of his lawyers McDusman Kabega

Electoral Commission boss Badru Kiggundu with one of his lawyers McDusman Kabega

The judges noted that no law broken when the election body used data from the national IDs to compile a voters’ register, adding that the data was used well to update and compile a new register.

On the Biometric Voter Verification System, the judges said that the principle document used for the identification of eligible voters was the voters’ register and any break down by the system could not affect the whole electoral process.

Mbabazi had asserted that the system was not efficient and in some areas had jammed before voting could end; but in response, EC lawyers said there were other authorities including the national ID and register to be used for identification of eligible voters on top of the BVV system.

On ballot stuffing and pre-ticked ballots witnessed on the polling day, the judges said these allegations were not supported by any form of evidence.

On the sending away of some agents and declaring results without DR forms and tally sheets at the Namboole tally centre, the judges ruled that at most polling stations counting of votes went on smoothly and transparently save few instances, adding that evidence on record showed that in most areas Mbabazi never had agents .

Mbabazi had said there were no DR forms and tally sheets based on while declaring the results at Namboole.

“The results were declared as they came and while exercising his duties of organizing and announcing election results, the second respondent (EC) can use electronic transmission of results but done with care.”

“We did not find major discrepancies in results that were transmitted from the different districts by returning officers.”

The judges said the petitioner’s lawyers failed to produce DR forms and tally sheets different from the ones of the Electoral Commission as they had promised.

The court also rubbished bribery allegations, noting that the said Shs 250,000 given out to villages during the campaigns had already been earmarked to run NRM activities, while the hoes given to farmers were under a know and ongoing government program.

Mbabazi’s lawyers in their petition had told court that the results declared by the Electoral Commission were fabricated at an illegal tally centre and Naguru before being announced at Namboole but this the judges dismissed as false.

“We have found no provision in the law that the second respondent breached when it set up the national tally centre to announce the results from the districts before it could declare the winner in 48 hours.”

“However, the second respondent should have done more to brief the candidates and agents on what was to be done while transmitting results to the national tally centre,” the judges urged.

On allegations of defacing posters, the judges said they had found out there were clashes between supporters of both camps in which the said posters were defaced but no culprits were brought forward.

On claims of hiring members of the notorious jobless ‘Kifeesi’ group to terrorize supporters of opposition candidates in parts of Kampala, the judges said the credibility of these witnesses was doubtful.

The issues of the role of crime preventers in disrupting campaigns and intimidating supporters was also disregarded by the judges for lack of evidence.

“Yoweri Museveni was declared president in accordance with article 104 of the Constitution and Section 59 of the Presidential Elections Act. Accordingly, this petition is dismissed and we make no orders to costs,” Katureebe said.

In an interview with Chimpreports, Asuman Basalirwa, one of the petitioner’s lawyers said that as an officer of court he would abide by the decision of the court adding that it is too early to analyze the details of the judgment.

“Court agreed with us that there were irregularities but only missed out on saying they were substantive,” Basaalirwa said.


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