(a) Preserving and defending the sovereignty of Ugandans Directives 4 (I) of the Constitution.
(b) Co-operating with civilian authorities in emergency situations.
Indeed the involvement and co-operation of joint forces for security during elections is not a new phenomenon. This can be exemplified by what happened in the 1989 National Resistance Council expansion elections, the 1992 Local Council Elections, 1996 Presidential Elections and Parliamentary Elections where the NRA/UPDF was actively involved without raising any controversy.
In the recent past, threats of especially urban terrorism necessitated the formation of a joint anti-terrorism force involving the UPDF, ISO, ESO and Police who successfully co-operated to eliminate the threat. This was formed in 1998 and is still operational.
Today, as Ugandans campaign and prepare to have their Presidential Elections of 2001, our intelligence information indicates that some negative forces against peace are planning assassinations, riots, demonstrations, acts of violence, looting and other criminal acts during and after elections.
On top of this demand on the Police, there are presently 17000 polling stations, which require policing during the elections. At the same time Police is required to escort electoral materials, officials and still guard Presidential Candidates, above the normal Police schedule of duties.
With all this to be done, there is no doubt that a 15000 strong Police force would not even be adequate to man all polling centres, let alone keeping peace and security. Hence the need for the UPDF to lend a hand.
In fact, the Chairman of the Electoral Commission has written to the Army leadership requesting that the Army uses its personnel and resources to provide security during the electoral period. This is contrary to the erroneous belief that the Army had usurped the powers of the Electoral Commission.
The Army has certainly not been involved in the electoral activities like registration of voters, display of registers, acting as polling agents and will not be involved in the counting of votes or any other related electioneering activity.
On the basis of the above, we wish to assure all Ugandans, Presidential Candidates inclusive, that the UPDF has not, and does not intend to, usurp anybody else’s role but is serving as aSTAND-BY force that will come in only when the National Security Task force in conjunction with the Electoral Commission identifies a security need for it to.”
The Petitioner states that at the beginning of March, 2001 the Inspector General of Police assured the public of security during and after the Presidential Election and this was reported in the Monitor Newspaper of 2nd March, 2001. On the 7th March, 2001 4 Presidential Candidates including himself wrote to the 2nd Respondent complaining about flaws in the Presidential election process. The letter stated:
“RE: FLAWS IN THE PRESIDENTIAL ELECTORAL PROCESS. 2001 We the undersigned Presidential candidates are writing to express our concern about the serious flaws in the on-going Presidential Electoral process:
