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

(a)……………………..

(h)………………………….

(c) that an illegal practice or any other offence under this Act was committed in connection with the election by the candidate personally or with his or her knowledge and consent or knowledge.”

In this Petition the Petitioner alleged that the 1 Respondent committed more than one illegal practice or other offences in connection with the election. Ground 3(2) (a) of the Petition pleaded:

“3(21(a). Contrary to section 65 of the Act candidate Museveni Yoweri Kaguta publicly and maliciously made a false statement that your Petitioner was a victim of Aids without any reasonable ground to believe that It was true and this false statement had the effect of promoting the election of candidate Museveni Yoweri Kaguta unfairly in preference to your Petitioner alleged to be a victim of AIDS as voters were scared of voting for your Petitioner who by necessary implication was destined to fail to carry out the functions of the demanding office of President and to serve out the statutory term”

In his affidavit in support of the Petition, the Petitioner said:

“51. I know that I am not suffering from AIDS, but the Respondent maliciously made false allegation that I was a victim of AIDS without any reasonable grounds for believing that that was true and this false and malicious allegation against me had the effect of promoting the election of the 1st Respondent unfairly in preference to me alleged to be a victim of AIDS as voters were scared of voting for me who by necessary implication was destined to fail carry out the functions of the demanding office of President and serve out the statutory term. I hereby attach a copy of the Monitor of 8t March, 2001, reporting the 1st Respondent’s false statement and it is marked “R22”.”

In his Answer to the Petition the 1st Respondent countered these allegations as follows