46. That on 7th March, 2001, 4 Presidential Candidates, Including myself wrote to the 2nd Respondent complaining about flaws In the Presidential Election process and this letter IS attached and marked, “P.1 7, and the 2nd Respondent’s reply dated 9th March, 2001, is attached and marked “R 18.” On March 9th 2001, the candidates again wrote to the 2nd Respondent and this letter is attached and marked “R 19.”
In reply to the 1st Respondent’s affidavit, the Petitioner said in his affidavit in reply dated 5-4-2001:
“18. In reply to paragraphs 4 and 5 of the Respondent’s affidavit, the 1st Respondent used the Presidential Protection Unit a facility attached to and utilized by his office as the President to assault, intimidate, threaten, and to consedisharmdry on a breach of the peace throughout the campaign period in the entire Rukungiri District and thereby interfere with my campaign and electioneering activities in the District of Rukungiri to the prejudice of my candidature. The 1st Respondent during the Presidential campaigns retained the use of security facilities including attached to the President as per Statutory Instrument dated 29-12-2000 herewith attached as 19. That in Rukungiri my home district where I had massive supports the armed Presidential Protection Unit was deployed there by the 1st Respondent during the campaign period to unduly influence my supporters through intimidation, force and threats of force of violence to support and vote for the l’ Respondent against me, resulting in one incident, in the death of one Baronda Johnson my supporter and injuring up to 15 of my supporters and many others injured over the campaign periods a copy of the Death Certificate is herewith attached and marked“P.29.)
The paragraphs of the Petitioner’s affidavit I have just reproduced relate to the role of the army and the PPU in the Presidential Election under consideration. The affidavit relates to other matters as well, which I shall defer for the moment for consideration later in this judgment.
The Petitioner’s affidavit is based on his knowledge information, and belief. Where deponed on information he disclosed the source of his Information, and where it is based on belief, he gave the grounds of his belief, otherwise most of what he said was based on knowledge. I find the affidavit admissible.
The Chart indicates that the Petitioner’s affidavit is rebutted by the affidavits of several witnesses, filed in opposition to the Petition. Some of the rebuttal affidavits relate to the role of the Army and PPU. Others relate to other matters; while others partly concern the Army and PPU and partly concern other matters. For now, I shall first consider those rebutting parts of the Petitioner’s affidavit concerned with the Army and PPU.
In his affidavit supporting his Answer to the Petition, the 1st Respondent denied all the allegations made against him in the Petition. His affidavit then went on to say:
“3. That I instructed my campaign agents to mobilize for my election on the basis of my election manifesto entitled“Consolidating the Achievements of the Movement” only and I have no knowledge of their having acted contrary to the law, conduct I did not consent to or approve of on the part of any person.
4. That because the Police were inadequate and the security situation so required, the Government decided to and did deploy, security forces throughout the Country to keep peace and order, but I have no personal knowledge of, nor did I, in my capacity as President of the Republic of Uganda, receive any reports of intimidation of voters by soldiers and paramilitary personnel at Polling Stations. 5. The elections were conducted under conditions of freedom and fairness and under secure conditions as a result of sufficient deployment of security forces throughout the Country by the Government. 9. That the deployment of security forces was done by the Government for the purposes of securing law and order throughout the Country. I did not appoint any military officers to take charge of security of the Presidential Election process as stated in paragraph 3(2) (c) of the Petition. I know that Government deployed security forces throughout the Country for security and preservation of law and order. 10. That I did not directly or indirectly organize groups of persons under the Presidential Protection Unit or Major Kakooza Mutale with his Kalangala Action Plan personnel and whatever such persons are stated to have done in paragraph 3(2)(d) of the Petition was without my knowledge and consent or approval
