| Consequently there was not any non-compliance with the Act by the 2nd Respondent in this connection. Ground 3(1) (u) of the Petition must therefore, fail.
The grounds of the Petition Which I have so far dealt with in this judgment do not include those which allege that the 2nd Respondent did not comply with provisions of the Act with regard to alleged violence intimidation, harassment and threats against the supporters and/or agents of the Petitioner by the military in general and the PPU in particular. Evidence adduced indicates that violence; harassment, intimidation and threats were also perpetrated by others, such as RDC’s, Deputy RDC’s, LDUs, vigilantes, GISO, L.C. officials and the 1st Respondent’s agents or supporters. Certain grounds of the Petition also allege that the 1st Respondent used the army, the PPU and others to perpetrate such threats, harassment and intimidation to interfere with the Petitioner’s electioneering activities. Such allegations against the 2nd and 1st Respondents are supported by the same pieces of evidence and have been argued together by the respective learned counsel of the three parties.
I shall, therefore, set out the grounds in question together. They are:
“3(1) (n). That contrary to section 25 of the Act, the 1st Respondent’s agents/ supporters interfered with the electioneering activities of the Petitioner.”
“3(1) (r). That contrary to section 42 of the Act the 2nd Respondent and its agents/ servants in the course of their duties allowed people with deadly weapons to wit soldiers and para military personnel at polling stations, a presence which intimidated many voters to vote for the soldier’s boss and candidate Museveni while many of those who disliked to be forced to vote for that candidate stayed away and refrained from voting at all”
“3(1) (v). Contrary to section 12(1) (e) and (f) of the Electoral Commission Act, the 2nd Respondent failed to ensure that the entire Presidential electoral process was conducted under conditions of freedom and fairness and as a result your Petitioner’s and his agent’s campaign were interfered with by the unit and the para Military personnel such as that led by Major Kakooza Mutale.
(w). That the Petitioner’s agents and supporters were abducted and some were arrested by the Army to prevail upon them to vote for the First Respondent or to refrain from voting, contrary to section 74(b) of the Act.”
“3(1) (y). In the results such non-compliance with the provisions of the Presidential Elections Act, 2000, and the Electoral Commission Act aforesaid affected results in a substantial manner as hereunder:
Dostları ilə paylaş: |
