24. That the Second Respondent avers that there is no evidence that there was non — compliance with the Presidential Act 2000 which affected the results of the Presidential Elections in a substantial manner or at all and that there is no evidence of any illegal practices or offences committed by the First Respondent, his agents and/or supporters with his knowledge and consent or approval as alleged.
25. The 2nd Respondent avers that the elections were free and fair as it reflected the wishes of the majority of Ugandans and international observers who monitored the elections throughout the Country confirmed this position.”
Section 12(1) of Act 3/97 provides:
“12(1). The Commission shall, subject to and for the purposes of carrying its functions under Chapter Five of the Constitution and this Act, have the following powers:
(e) To take measures for ensuring that entire electoral process is conducted under conditions of freedom and fairness;
(f) to take steps to ensure that there are secure conditions necessary for the conduct of any election in accordance with this Act or any other law.”
Section 25(c) of the Act provides:
“25. a person who, before or during an election for the purpose of preventing the election of a candidate either directly or indirectly –
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