The republic of uganda in the supreme court of uganda at kampala

“The Elect Besigye Task Force — Kamwenge District has decided to withdraw from the election exercise due to much intimidation, detention of our Polling agents in Military Barracks and massive rigging in most of the polling stations. This decision has already been communicated and we would like to officially confirm and reiterate our own earlier decision in this Press Release by maintaining some of the incidences that led to this decision.

This is then followed by a long list of electoral malpractices in many polling stations and incidences of arrest and/or detention of the Petitioner’s Polling agents or supporters. The Press Release, three pages long, was signed by James Birungi Ozo, District coordinator, Balinde Wilson, Chairman, Task Force, Julia Bamwine, District Monitor, and Betty Kyimpaire, Women leader.

I think that when the Press Release said that the Task Force had decided to withdraw from the election exercise, it actually meant that it would reject the results of the election. Polling having been completed on 12-03-2001, and only the declaration of the results remained to be made by the 2nd Respondent within 48 hours, the Task Force could no longer withdraw from the election process which was already completed. It could only reject the results due to be announced within the prescribed time.

The Chart shows that Muwhezi’s affidavit is rebutted by Byaruhanga, but it does not indicate where the rebuttal affidavit may be found.

The affidavit of Sam Ndagijje, of Bihomborwa Parish, Kihihi, Rukungiri, is relevant to three electoral malpractices. He said that he was a Sub-County monitor for the Petitioner in Kihihi Sub-County. On 1 2-03-2001, when he went to vote at Kinyagwe Polling Station, he found that his name had been ticked as having voted, yet he had not. The L.C.II Chairman of Bihomberwa, one Turach Chairman of the area, insisted that Ndagijje had voted but Ndagijje insisted to the contrary, saying so loudly that many other people heard him. Moreover his thumb was not ink stained. Turach changed his mind and Ndagijje was given a ballot paper and he voted. At the Petitioner’s Task Force office in Kihihi, he got a report from Ngabirano Frank, an election agent for the Petitioner, that at Rwangoboka Polling Station of Karubezi, Ngabirano and the second Petitioner’s agent had been chased away by Mrs. Jacqueline Mbabazi, wife of a Minister in Government, Amama Mbabazi, using armed escorts, and threatened to shoot the two polling agents if they did not go away.

Ndagijje and the other polling agents for the Petitioner went to Kihihi Police Station to report the incident, but the officer in charge told them that it was a matter for the 2nd Respondent, not for the police. Ndagijje was mobile with a motorcycle, so he decided to visit all other polling stations. On his way to Rwampoboka Polling Station, he met Sergeant Natukunda, the Intelligence Officer in charge of Kinkizi Sub-District of Rukungiri who was on a pick-up with a strong force of 15 to 20 armed escorts. The sergeant stopped Ndagijje and told him that he was undesirable in polling centers and warned him that unless he went back, he was putting his life in danger. On seeing trouble ahead, Ndagijje turned back and went to the election office of the Petitioner’s Task Force. There, he continued to receive more and more of the Petitioner’s agents with similar reports. Ndagijje listed 20 such polling agents with their respective polling stations. But due to time and space constraint, I shall not reproduce the list here.

At about 12.00 noon, Ndagijje went to Nyamwegabira Polling Centre in Nyakatungume Parish. As he stepped on the compound, he was greeted by a mob of about 20 youths booing and ready to pounce on him. The youths were led by Samson of Busengo, Busesi of Pwenyerere, and Odongo of Nyamwegabira, all from Nyakatugunu Parish. Those three told Ndagijje almost in a chorus that if he still needed his life, he must disappear from the scene. Odongo said that the Petitioner’s agents should not appear at that Centre. Samson picked Ndagijje’s monitoring identity card and threw it away, but one youth picked it up and gave it to Ndagijje, when he was almost encircled by the mob. As a result, Ndagijje sensed danger, and feared for his life. Consequently, Ndagijje said, there was no free and fair election in Kihihi Sub-County. The affidavit was based on knowledge and on information, the sources of which were disclosed and belief the grounds for which were also given. The Chart does not show that Ndagijje’s affidavit was rebutted. It therefore, remains uncontroverted and I believe it as true.

Nantongo Sarah was the Petitioner’s campaign /polling agent for Kasonko, L.C. Kisenyi II, Kampala Central. In her affidavit of 23-03-2001, she said that during the issuance of Voters’ Cards non-Nationals, especially Somalis, were given Voters’ Cards. She personally tried to stop one Tumusiime James from receiving a card for one Sadiq Muhammed, a Somali, and let the owner pick it himself. L.C.I Chairman Hamza stopped her doing so. Voter’s Card for Nakaye Aisha was also issued to a wrong person. Nantongo objected but the L.C.l Chairman stopped her. As a result, Nakaye did not vote. On 12-03-2001, Nantongo saw armed military Police soldiers at Kassato Polling Station, rounding up people including one Sematta Taddeo, as a result of which many voters left the queue for fear of their lives. She also noticed ballot paper booklets with missing ballot papers. The affidavit is based on knowledge and belief, since the deponent spoke of what she witness, belief is irrelevant. The Chart does not show that Nantongo’s affidavit was rebutted. Her evidence therefore, stands uncontroverted. I accept it as true.

Levi Tugume of Majya Village, Kiruna Sub-County, Kanungu District was a coordinator for the Petitioner’s campaign Task Force in Kanungu District. In his affidavit of 20-03-2001, he said that a week after the nomination of the Presidential Elections Candidates they opened their Task Force Office in Kanungu and put up posters. Immediately thereafter a gang led by Karabenda, the GISO, removed the posters and gave orders that Tugume and others should close the office and should stop operating there. That gang was composed of the 1st Respondent’s supporters, headed by Karabenda. The following night, the office was smeared with human faeces all over by that gang. Tugume reported the matter to the Police but the suspects were never arrested. They closed the officer for about a week and reopened it. That same night, the office was again smeared with human faeces, a tomb was moulded with a cross at the office and the owner of the building was greatly threatened and ordered not to let the office to the Petitioner’s Task Force again. On a day in mid February, 2001, Tugume was holding a consultative meeting in his home which he had now turned into an office when a Police vehicle with about ten Police men and LDUs raided Tugume’s home and dispersed the meeting. People fled, and many were injured. Tugume was taken to the Police Station and cautioned about, and warned against, illegal meetings — a thing Tugume considered was intimidation and an incursion into his human rights. On polling day, Tugume was one of the first persons to reach the polling station. The Petitioner’s agents were stationed about 20 meters away from where they could not properly monitor the polling. About half an hour later, GISO Karabenda went there on a motor cycle and ordered the Polling officials to tick the ballots on the first table and said that it was an order from the RDC. Tugume protested that it was a wrong procedure, but his protests fell on deaf ears. Polling continued in the abnormal way, officials ticking every ballot paper and handing it to voters. All ballot papers were being ticked in favour of the 1st Respondent only. Tugume went to check at other polling stations and found that the method was uniform everywhere. Tugume said that later in the day, they decided to withdraw the Petitioner’s agents from the polling stations because they felt that they were being greatly cheated. They considered that the whole exercise was a fiasco and they declined to sign the declaration of results forms. The affidavit was based on knowledge and belief. Since the deponent spoke only of what they witnessed, belief is irrelevant. The Chart does not show that Tugume’s affidavit is rebutted. His evidence, therefore, remains uncontroverted and I accept it as true.

Darlington Sebarole of Kitariro, Rutugunda, Kirima, Kanungu District was the Vice Chairman of the Petitioner’s Task Force for Kirima Sub-County. On 27-01- 2001, he had a consultative meeting at his house at Kyeijonga. After the meeting at 4.00 p.m. and as he was seeing off some of the members of the meeting who had come from Rukungiri to their car, a vehicle carrying armed Police men arrived at the place. Sebarole and three others, namely Richard Bashaija, Vairo Rwangara, and one lady were ordered to board the police vehicle. They were taken to and detained at Rukungiri Police Station. Attempts to have them released was fruitless until 30-01 -2001, through the efforts of Bubihuga MP, and others, and after Press Release from the 2 Respondent, they were released. They were ordered to report to the Police at Rukungiri, and Sebarole did so on 5-2-2001, 19-02-2001, 28-02-2001 and 14,03-2001, when he was finally discharged with the words that he was a free man, and that no one should molest him anymore.

No criminal charge was made against him. On 28-02-2001, after he had answered the Police Bond, at Rukungiri Police Station he boarded a vehicle in the possession of the Petitioner’s Task Force to go to Kihiihi via Bugangari and Bwambara. At Bwambara, they found a road —, block; manned by Army Officers. All the nine members of Sebarole’s group were arrested and taken to Bwambara Police Station, from where they were driven on Police vehicle to Rukungiri and detained at 7.00 p.m. One George Owaku Kirarwa and Sebarole made efforts for their release which succeeded the same night after three hours’ detention.

Again, no criminal charge was preferred against them. The two incidents of unlawful arrest, false imprisonment and torture, Sebarole said, were intended to threaten and deter them from supporting the Petitioner as a Presidential elections candidate. The affidavit was based on knowledge and belief. Knowledge come from what Sebarole witnessed and grounds of belief were what had happened to him and his colleagues. The Chart does not show that Sebarole’s affidavit is rebutted, leaving it uncontroverted. I accept his evidence as true

Turyomusi Christopher, of Butaremwa Ndere, Pulinda Rukungiri, was a member of the Petitioner’s Task Force. He said in his affidavit of 20-03-2001 that on 20-02-2001, he went to Kanungu in a group of seven people to consult with their Kinkizi Task Force numbers. Before alighting off a vehicle to take tea at 4.00 p.m. in Kanungu, Stephen Rujaga struck Turyomusi on the head, almost fatally. A group of men started beating up the whole Turyomusi’s group. They took cover in a hotel. The hotel was stoned and the group fled to the police station, where they saw Rujaga driving the Task Force’s vehicle, whose window glass and head-lights had been smashed. The group asked the police to arrest Rujaga, but the police said that they could not arrest him because Rujaga was under the 1st Respondent’s authority. Rujaga told members of Turyomusi’s group that he would kill them that night. The RDC of Kanungu arrived at the police station and told them to spend the night at the police station. Mrs. Amama Mbabazi also arrived there with armed Army men and ordered for their imprisonment. The police replied that they could not imprison them because they had been assaulted and wounded. When Mrs. Amama Mbabazi left, the police said that they could not accommodate the group, because to do so would result into trouble for them. They used torches to drive to Rukungiri Police Station. The affidavit was based on knowledge and belief, but since the deponent spoke of what he witnessed, belief is irrelevant. The Chart does not show that Turyomunsi’s affidavit is rebutted. His evidence stands uncontroverted, and, I accept it as true.

Mugeere Ahmada of Kalerwe Zone, in Kampala, was registered as a voter in the 2001 Presidential elections. He was a campaign and polling agent for the Petitioner. On 6-2-2001, at 3.00 a.m. he was arrested at Kalerwe Kibbo Zone and taken to Mbuva Military Barracks, where he was detained until 19-02- 2001. At the Barracks, he was asked which Presidential Candidate he supported and would vote for. He told the soldiers that he would vote for the Petitioner. He was then asked whether he would go to the bush it the 1st Respondent lost the elections. During the detention, he was tortured by being caned and pouring cold water on him. He was injured on the foot. He was also told that he would be caned two strokes a day. On 19-02-2001, he was transferred to Kira Road Police Station. On 20-02-2001, at 9.00 a.m., he was taken to the C.I.D. Headquarters where a statement was recorded from him and he was released on Police Bond. Mugeere said that his arrest was meant to intimidate him and to stop him from campaigning for the Petitioner.

The affidavit is based on knowledge and belief. Nearly all that Mugeere said in his affidavit was what he had witnessed and the grounds of belief were the experiences he went through. The Chart does not show that Mugeere’s affidavit is rebutted. His evidence stands uncontroverted and I accept it as true.

Bukenya Samuel was a member of the Petitioner’s National Task Force. He came from Kinawataka Village, Mbuva, Kampala. In his affidavit of 23-03- 2001, he deponed that on 11-03-2001, at 6.30 p.m., he was forcefully arrested by armed soldiers in a car covered with the 1st Respondent’s election posters. He was arrested at the Trading Centre of Kinawataka Zone. Thereafter, he was detained in Mbuya Military Barracks. While in detention, he told the soldiers that he supported and would vote for the Petitioner. Thereafter, he was taken to a cell and detained until 21-03-2001, when he was released at 11 .00 a.m. During his arrest, he was beaten, tortured and bundled into the car at the barracks, where torturing and beating continued during his detention.

The affidavit is based on knowledge only. The Chart does not show that it was rebutted. Bukenya’s evidence, therefore, stands uncontroverted. I accept it as true.