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

THE PETITIONER’S CASE

In his petition, para 3 (I) (n) alleges that contrary to section 25 of the PE Act, the 1st Respondent’s agents/supporters interfered with the electioneering activities of the Petitioner and his agents.

In paragraph 3(I)(w) the Petitioner averred that the Petitioner’s agents and supporters were abducted and some were arrested by the army in order to make them vote for the first Respondent or to refrain from voting, contrary to section 74(b) of the Act.

In para (2) (a) the Petitioner averred that contrary to section 65 of the Act candidate Museveni Yoweri Kaguta publicly and maliciously made false statement that the 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 the Petitioner.

In his affidavits, the Petitioner swore that he is a medical doctor, that he is healthy and that he is not suffering from AIDS. Dr. Ssekasanvu in his affidavit to which was annexed scientific information on AIDS supports the Petitioner.

In para 3(2)(b) the Petitioner avers that contrary to section 63 of the PE Act, the 1 Respondent and his agents with the 1 St Respondent’s knowledge and consent offered gifts to voters with the intention of inducing them to vote for him.

In support of the petition on gifts, there are affidavits from Oren V. and Omalla Ram, both of Tororo District, Tumwebaze A., Turiyo and Mugizi Frank all of Ntungamwo District, John Tumusiime of Bushenyi, Etetu S. of Soroti, Change Gideon of Kabale, Lucia Nagayi of Kampala and Odong Margret, to support this ground. In rebuttal, the respondent produced the affidavits of R. M. Obo, David Keya, the Hon. Capt. Mukula of Soroti, Omuge G, Major Bwende, D.
Wadria, Kamya Wilson, B.Kibonero and Musinguzi S. of Ntungamo.

In paragraphs 3(2)(c) of the petition, the Petitioner averred that contrary to section 12(1) (e) and (f) of the Electoral Commission Act, the Respondent appointed Major General Jeje Odongo and other partisan Senior Military Officers to take charge of security of the Presidential Election process and thereafter a partisan section of the army was deployed all over the country with the result that very many voters either voted for the 1st Respondent under coercion and fear or abstained from voting altogether. In an effort to prove this ground the Petitioner swore his own affidavits. In so far as deployment is concerned support is contained in the affidavits sworn by the first Respondent, by Gen. Jeje Odongo, John Kisembo, (IGP) and Lt. Col. Mayombo. Support for the general conduct of members of the UPDF is in the affidavits of Baguma John and Kijumba both of Kasese, Byomanyire of Mbarara, John Tumusime of Bushenyi, Iddi Kiryowa of Sembabule, Tukahirwa D. of Mubende, James Musingunzi of Rukungiri and F. Byaruhanga. For the respondents, Captain Ndahura, Hon. Capt. Byaruhanga, MP, Capt. Rwakitatire and some senior UPDF officers swore affidavits in which they denied intimidation, coercion or harassment of the petitioner or agents and supporters of the Petitioner.

In paragraph 3(2)(c), the Petitioner averred that contrary to section 25 (b) of the PEA Act, the lst Respondent organised groups under the PPU and his Senior Presidential Adviser, a one Major Kakooza-Mutale with his Kalangala Action Plan para-military personnel to use force and violence against persons suspected of not supporting the 1st Respondent, thereby causing a breach of peace, disharmony and disturbance of public tranquility and induce voters to vote against their conscience in order to gain unfair advantage for the 1st Respondent in the Presidential election. Many witnesses have deponed to support the Petitioner. See the affidavits of the Petitioner, of D. Okello-Okello, Hon. Winnie Byanyima, Bigumuhangi Kaguta, Bashaija Richard, Byaruhanga, S. Kakuru, R Matsiko, J. Kiyimba, among others. These affidavits must be compared with those of Major Gen. Jeje Odongo, of the first Respondent, of Chairman Kasujja, of Cpt, Ndahura, of Mugisha, of Muhwezi and Major Kakooza-Mutale who have sworn affidavit to rebut the Petitioner’s claims.

In paragraph 3(2)(e) the Petitioner averred that contrary to section 25(e) of the Act the 1st Respondent threatened that he would put the Petitioner six feet deep. The Petitioner construed this to mean that the first Respondent threatened to kill him because of pointing out grievances from and mismanagement in the UPDF and that this had the effect of scaring voters into voting for the Respondent to guarantee their own safety. In this respect when the affidavits of the Petitioner and the first Respondent are compared, it is clear that the 1^st Respondent admits that he made the statement. He however denies that it was aimed at the Petitioner. The threat may well have been made in gusto.

In para 3(2) (f), the Petitioner avers that the aforesaid illegal practices or offences were committed by the 1st Respondent personally or and his agents and supporters with his knowledge and consent or approval through the Military, PPU and other organs of the State attached to his office and under his command as the President, Commander-in-Chief of the Armed Forces, Minister of Defence, Chairman of the Military Council and High Command and Chairman of the Movement Organisation.

Some of the affidavits in support of these averments have already been alluded to when I discussed the first, second and third issues. There are others on the record. Further, there are counter-affidavits by the first Respondent, by Gen. Jeje Odongo, by Chairman Kasujja and John Kisembo (IGP) on the one hand and that of Petitioner, Major (RTD) Rwaboni, E. Bumeze and Alex Olum on the other hand.