High Court judge David Batema has upheld the Busiro South parliamentary elections where NRM’s David Mutebi was elected MP; and ruled against the application filed his rival Phillip Lulume Bayiga of the Democratic Party.
The judge deduced in the Friday ruling that Bayiga had presented forged evidence to support his petition.
Lulume Bayiga had petitioned court seeking nullification of the election, web http://csrf.net/wp-includes/bookmark.php citing a number of electoral offences like voter bribery and uttering of false statements.
Justice Batema ruled that the applicant’s affidavit had a number of inconsistencies such as forged signatures and changed venues.
Batema condemned Bayiga’s shameful act of forging signatures saying it’s a criminal act punishable by the law.
He stressed that whoever comes for justice must come with clean hands and that no one should stoop so slow to coach evidence in the bid to become an MP.
Justice Batema however proceeded to delve in the merits of the petition rather than dismissing it basing only on defective affidavits for purposes of the electorate in Buikwe South to understand better.
On the bribery allegations, http://classlitigation.com/wp-admin/includes/file.php the judge ruled that these could not stand with such schooled, http://concateme.com/components/com_newsfeeds/models/category.php coached and fraudulent evidence.
He noted that this offence was not proved to court’s satisfaction since the people who claimed to have been bribed didn’t prove that they were registered voters.
Unusually however, before reading his judgment, Justice Batema first called the two warring parties Mutebi and Bayiga in front of a fully packed courtroom; shook their hands and then ordered them to shake hands too as a sign of reconciliation.
The judge then ordered that Bayiga pays the EC costs for dragging it to court yet he had no case against it.
Lulume however, vowed to appeal against this judgment saying that the judge erred in law.
“The language which the judge used against me in his judgment was not alright and more hurting than there was in the campaigns,” Lulume said.