| Correspondence on violence and intimidation:
I am constrained before leaving the subject of intimidation, to comment on correspondence annexed to affidavits of the Petitioner and the said Louis Otika. While the correspondence did not amount to evidence in proof of incidents alluded to therein, it gave the impression of much more violence and intimidation than was revealed in the affidavit evidence. The earliest was a letter dated 27th January, 2001 from the Deputy Chairperson of the Commission, to the Inspector General of Police, forwarding copy of complaint from the Petitioner “on violence and harassment.” The complaint itself was not produced. Next was a letter dated 3rd February on “Escalating Campaign Violence,” in which Louis Otika intimated to the Commission in part:
“We are particularly perturbed by the murder of a student at Makerere University Alex Adiga, which led to riots in Kampala City by University students yesterday. There have been bombings in Kampala City, and our branch office in Mbale has been razed to the ground by arsonists, and supporters have been arrested.”
No evidence was brought in Court to prove any of the incidents listed in the letter, let alone their link, if any, to the election. On 6t February, a meeting of the candidates’ agents, convened by the Commission, passed a resolution, copy of which was annexed to the Petitioner’s affidavit. The preamble read:
“We the undersigned candidates’ agents, acting on behalf of our respective candidates, and deeply concerned about acts of violence and intimidation that are marring the presidential campaign, DO HEREBY RESOLVE AS FOLLOWS:” (emphasis is added)
They resolved to accept responsibility over their supporters and to take several measures to minimise incidences of clashes among their respective supporters.
In a letter dated 20th February 2001 concerning the Petitioner’s complaint about the arrest of Hon. Okwiri Rabwoni, the Deputy Chairperson of the Commission, requested the Army Commander and the Inspector General of Police, to “ensure that candidates’ campaigns continue without unnecessary interference.” Let me quote at some length from another letter, dated February 2001, addressed by Chairman Kasujja, to the 1st Respondent because the Petitioner’s counsel placed much reliance on it. It read in part.
“Yours Excellency,
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