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

(2)That I am a registered voter in Erute North Constituency, Aromo sub-county at Otara 111 polling station.

(3) That Aromo UPDF detach is within my village — some 250 metres away from my home.

(4) That on the evening of 1 March 2001 while in town I learned that Lt. Col. Tonney Otoa, MP had instructed the UPDF commandant at Aromo detach to arrest me and other people opposed to Yoweri Kaguta Museveni.

(5) That I am an aspiring Parliamentary candidate for Erute North and during Presidential Elections campaigns I was campaigning for candidate Besigye.


(7) That in the morning of 12th March 2001 at around 8:30 am as I and one Saul Okor were approaching Aromo sub- county Headquarters where my polling station was located we met the commandant of Aromo LIPDF detach Sgts Sempijja was being given a lift on a motor cycle.


(18) - (14) omitted.

(15) That I and Okor took off from Lira to guard vote at Aromo but on the way we met the UPDF commandant who arrested us at 3:30 pm.

(16) That the said UPDF commandant took us to Walela polling station where I was locked in the middle seat of double-cabin vehicle and guarded by Sgts Sempijja.

(17) That we were kept at Walela polling station till 6:00 pm after which we were driven to Ayile p 7 school polling station three kilometer from Walera.

(22) That the commandant agreed to release me at 10:00 pm leaving my friend Okor behind.


(25) That on 13/3/2001 I reported to DPC and recorded my statement of my arrest and how I was prevented from voting in the Presidential Elections.

Alex Otim of Gulu stated in his affidavit sworn on 22 March 2001 as follows:

(2) That on the 22^nd March 2001 I went to vote and also to monitor the election process in Paico Division.

(3) That while I was at the polling station at Paico Primary School I together with other monitor found that soldiers were deployed two at each polling station.

(4) The soldiers started forcing people especially old ones to vote for their own choice.


(5) The soldiers were involved in the malpractice at the polling station


(6) That we later chased the soldiers away from the polling station. They went to a nearby barracks and came back armed and were also using army vehicle (mamba).
(7) That the soldiers assaulted me and Okello Saul and arrested us only to release us at 8:00 pm after the voting had ended.


Henry Muhwezi stated in his affidavit as follows:

(1) That I am a registered voter entitled to vote at Nyakishenyi in Church School polling station.

(3) That I was appointed a campaign agent for the petitioner in the capacity of polling secretary for Kamwenge District.


(4) That I know Capt. Charles Byaruhanga and area MP for Kibaale County and is my personal friend and was a campaign agent for the 1^st respondent.

(5) That while at Kamwenge medical care which is opposite the respondent’s campaign Task Force officers, I was called by Hon. Capt. Charles Byaruhanga who was standing in front of 1 respondent’s Task Force offices.

(6) That I went to where he was and he told me to change from supporting the petitioner to 1 respondent, his candidate.

(7) That I replied that like so many times he has told me to change, I was not going to change.

(8) Thereafter he told me that what suits me best is the gun as I am now a rebel.

(9) That all this happened in presence of James Birungi Ozo.

(10) That later in the day at around 6:00 p.m I was abducted by Nuhu Kassim, the escort of Hon. Capt. Byaruhanga, Abdul Kareera and Kenneth Ruzinda an LDU who bundled me into a car belonging to Abdul Kareera.


(11) That I was taken to (Umoja Hotel where I found Hon. Capt. Byaruhanga who instructed my abductors to take me to Bihange Army barracks.

(12) That on the way to Bihanga Army Barracks around Kaburasoke village, the car was stopped and Kassim put me on gun point and thereafter was pulled out of the vehicle and thrown in a trench where I was beaten and tortured.

Mr. Anteli Twahirwa stated in his affidavit as follows

:“(2) That I am a registered voter in the 2001 Presidential Elections. 1 was registered to vote at Kigongi polling station in Kabale Municipality. I was Kabale District Chairman for the Besigye campaign Task Force.

(3) That during the campaign the RDC Mr. Mwesigye together with LDU, Parish Chiefs, GISO kept us under constraint harassment. The harassment was widespread and occurred in almost in every part of the District.

(4) We had a wide range of complaints about the conduct of the Pre-election process which we found to be fundamental flamed. We forwarded our complaint to the EC but nothing was done to redress the situation. A copy of the complaint was attached to his affidavit.


(5) Our team was not invited to witness the delivery of election materials.

(6) That on voting day itself our agents gave me reports of widespread intimidation of votes by Government officials, forcing them to vote for candidate Museveni and many electoral mal-practices ranging from allowing people to vote when they were not entitled forcing voters to tick their votes in the open and for, candidate Museveni, forcing our agents to sign declaration forms when they had been prevented from witnessing the polling exercise and many others.


(7) That we forwarded our complaints to the NGO Election Monitoring Group and the polling official of all levels, but nothing was done to regularise the election. (A copy of their complaint was attached to the affidavit).


(8) That I have perused the declarations of results of the said election for our district and found that nearly all of them are inaccurate. They indicate total numbers of votes in the possession of polling officials which are higher than the total ballot papers officially received at the respective polling stations. (copies of the declaration forms containing these anomalies were attached to his affidavit).


(9) That in the circumstances the elections in our district were manifestly and massively rigged in favour of candidate Museveni and were not free and fair.”


The following are affidavits in rebuttal Affidavit of Major-General Jeje Odongo

“(1) That I am the Army Commander of the UPDF.

(3) That my duties include the overall command and direction of the UPDF which is only assigned by the Constitution to preserve the sovereignty and territorial integrity of Uganda.


(4) That I have read the petition and affidavit of Col. (Rtd) Dr. Besigye Kiiza in support thereof and wish to respond on matters relating to the UPDF alleged therein as hereunder.


(5) That in January 2001 at the meeting of the National Security Council noted that there were indications that election related crimes were on the increase and could jeopardise the general peace and security of the Country.


(6)…………………………………………………


(7) That on the basis of the foregoing I briefed the President and indicated to him of the need to put a mechanism to handle the situation.


(8) That about the same time I discussed with the minister of internal affairs who pointed out to me the inadequacies of the police force in the task ahead and requested that police be augmented by the UPDF.


(9) That I briefed the President and suggested the formation of a joint Security Task Force to oversee handle and ensure peace during the Electoral process.


(10) That a joint Security Task Force comprised of the Police, the Army, the LDU and the Intelligence Agencies was formed under the chairmanship of the Army Commander deputised by the Inspector General of Police and the Director General of Internal Security Organisation.


(11) a point command structure was in each District, DPC was the overall in charge of security and the Armed Forces were put on the alert for assistance as and when need arose.


(12) The formation of such joint security task force is not new phenomena in this country as the same course of action has been resorted to whenever need arose.


- the Currency Exchange 1987
- the 1989 expansion of the vote election
- the 1992 Local Council Election
- the 1996 Presidential Election
- 2000 Referendum
- the visiting of the US President Bill Clinton



(13) For the foregoing reasons, it is not to state in paragraph 3(2) © of the petition that the 1St respondent appointed me and other Senior Officers to take charge of the election process for partisan purposes. It is also not true to state that the army was deployed all over the Country and that such deployment resulted into any voters voting the 1^st respondent under coercion or tear or that they abstained from voting.


(14) That to the best of knowledge same for polling stations where members of the Armed Forces were ordinarily registered as voters, I can confirm that members of Armed Forces never went to any polling stations for the alleged purpose or at all.


(15) That it is not true that the 1st respondent organised groups under the PPU to use force or violence against the petitioner as alleged in paragraph 3(2)(d) of the petition. I wish to state that members of PPU were deployed in Rukungiri in advance to his visit to the area sometime in January 2001 and their stay was necessitated by his planned return to the area, having taken the safety of the person of the President and the general peace and security of the area.


(16) That the allegations about the members of PPU misbehaving against the petitioner and or his supporters are not true


(17) That in further response to paragraphs 18-29 of the petitioners affidavit, I wish to state that on 3^rd March 2001, I received a report that there was a clash between groups pelted stones, bottles and sticks at the soldiers and in the process of self-defence, one person was totally wounded by a stray bullet.


(21) That throughout the election process and campaigns generally, I never met Hon. Okwir Rabwoni.
Affidavit of Mugisha Muhwezi Deputy RDC of Rukungiri states:

(3) That I have read the affidavit of Bernard Masiko and found it to contain falsehood


(4) It is not true that on 9/2/2001 I went with PPU GISO and sub-county Chief of Kayonza to the petitioner’s campaign office and ordered the office attendant to remove petitioner sign posts and posters and keep them inside the office.


(7) That I have read the affidavit of Sam Kakuru Mpwabwoba Callist and found them to contain falsehood against me.


(11) The allegations that RDC and I forced Kakuru to sign the Declaration of result form is false.


(12) That I do not know Mpwabwooba Callist and never pointed a gun against him.


Affidavit of Lt. Col. Noble Mayombo:

(3) That I am a MP representing UPDF and also AG. Chief of Military intelligence and security of the UPDF.


(4) That I have perused the petitioner affidavit and of Hon. Winnie Byanyima and of Hon. Major (RTD) Okwir Rwaboni and wish to state.


(6) That it is not true as stated in para 4 of Hon. Major (Rtd) Rabwoni and para 7 of Hon. Winnie Byanyima that on 1912/200 1 he was made by myself and Major General David Tinyefuza to sign a document at Nile Hotel Kampala announcing withdrawal from the elect Besigye Task Force (EBTF).


(7) That it is not true that on 2 1/2/2001 1 forced Hon. Okwir to make a statement disassociating himself from (EBTF).


(8) That on 1/1/2001 Hon. Okwir my younger brother and very close friend had the New year celebrations at mine and in course of a political debate told me of his intention to support the petitioner.


(9) That from the time Hon. Okwir returned from Rwanda I have been using him to collect intelligence on security matters in Uganda.
(10) That he often gave me very good intelligence on security matters in Uganda.

(11) That my capacity as Ag. Chief Military Intelligence I encouraged him to join the petitioner so that he gives me information about security related plans of that group.


(13) That upon telephone call from Major General Tinyefuza concerning intelligence report from Hon. Okwir, I suggested I meet him and Hon. Okwir at Sheraton Hotel.


(15) That Major General Tinyefuza and Hon. Okwir met me at Sheraton Hotel in Room 1006.
(16) That in the meeting Hon. Okwir reported that the petitioner and Nasser Ssebagala were planning to start insurgency in the event the petitioner lost the elections. That they had link with people who were throwing bombs in the city.


(19) That he last met Hon. Okwir at the Nile Hotel where they had lunch together where he agreed to provide a pistol and security men.


(22) That after they had parted at the Nile Hotel he could not get in touch with Hon Okwir as his telephone was switched off. I got worried.


(23) That on 20/2/200 1 I approached Major General Tinyefuza and we decided to look for him as we feared the EBTF could have kidnapped him.


(24) That at 9:30 am. I received a telephone call from one of the intelligence contact in EBTF that Hon. Okwir was going to be killed in Adjuman by EBTF members.
(25) That I contacted the Director of CID and the Inspector general of police and we decided to stop him from travelling.
(26) That I am the one who deployed Capt. Rwakitarate to stop him from travelling.


(28) That I ordered him to take charge of the events at Entebbe Airport.


(29) That when the officers were obstructed by the petitioner and others I informed the Director of CID who instructed his officers at Entebbe to effect the arrest.


(31) That Hon. Okwir was subsequently arrested and brought to my office.

(35) That Hon. Okwir asked me to avail him opportunity to talk to His Excellency the President, which I provided. That he spoke to 1^st respondent in my presence and requested to travel abroad for treatment, rest and adequate security as the said arrangement were being read.


(36) That I made visas arrangement with British Government and he left for UK with members of his family.


In his affidavit Captain Ndahura averred as follows.


(1) That I am and a captain in UPDF and well acquainted with allegations contained in the affidavits sworn in support of the petition concerning Rukungiri.

.
(2) That I was the commander of the few troops from the PPU that were deployed in Rukungiri in advance to the President’s visit in January 2001.


(3) That because the President was soon returning for another rally we stayed and were camped at the State Lodge .


(4) That / have read the affidavit of Bernard Masiko, Kakuru Sam, Frank Byaruhanga and found them to contain falsehood.


(5) That in response to Frank Byaruhanga’s affidavit, it is not true that the PPU beat up people in Rukungiri for supporting Dr. Besigye.


(6) That I can positively state that no PPU soldier moved out of station without me or my knowledge.


(8) That on 3/3/ 2001 Dr. Besigye addressed a rally in Rukungiri town. On that day no PPU soldiers moved to Bwambara.


(11) That is not true that we from PPU accompanied Deputy RDC to Kayonza when he allegedly ordered the removal of Besigye’s sign posts and posters from his office.

(15) That it is not true that I chased Hon. Okwir from Rukungiri but assisted police in dispersing illegal rally.


(18) That at Rwaneyo it is not true as alleged by Mpwabwooba that PPU was distributed at homes of Dr. Besigye’s supporters nor was PPU present at any polling stations.


(19) I reply to Bashaija in support of the petition, it is not true that he met me in Hotel Holliday or that I drew a pistol on his head.


(20) That the allegation in affidavit of Byomuhangi Kaguta that on 11/3/2001 he was arrested by soldiers from PPU is false.


(24) That the allegations by Mubangizi Dennis in support of the petition that he was arrested by PPU soldiers and taken and beaten in Nyabubare Barracks on 3/3/2001 are false.


(25) That in reply to paragraph 8 of James Musinguzi’s affidavit, it is not true that I unleashed terror in Rukungiri and was not responsible for the death of one person and injury of 14 others which were only a result of clashes between the petitioners’ supporters and the joint security force. The clashes were provoked by the violence of the petitioner’s supporters.

Affidavit of Hon. Capt. Charles Byaruhanga states as follows:

“(2) That I am the MP for Kibaale county, Kamwenge District and was actively involved in the campaign for the last Presidential Election.


(3) That I know Betty Kyompaire and Henry Muhwezi.


(4) That I have read the affidavit of Betty Kyompaire, Henry Muhwezi and Moses Tibayendera.


(5) That it is not true that I threatened or harassed any one during the election campaign as alleged.


(7) That Noah Kassim on 28/2/200 1 stayed at Kyakorafu Trading Centre and did not even attend the rally.


(10) That I have not been interrogated by any police officer or Human Rights Commission about allegations of torture, Intimidation or harassment of any person and I am not aware of any.


(11) That it is true I tried to convince Muhwezi Henry to support Yoweri Museveni on several occasions but it Is not true that I did this forcefully or by way of Intimidation and threats.

Each side swore affidavits in support of their case. The petitioner had complained of violence and intimidation of his supporters and campaign agents by PPU soldiers in Rukungiri and Kanungu and in Kabale as stated in Anteli Twahirwa’s affidavit. Finally on 24th February 2001, the chairman Electoral Commission wrote to the President appealing to him to intervene and save the democratic process from disintegration by ensuring peace and harmony in the electoral process. The letter went on:

“The Commission has received disturbing reports and complaints of intimidation of candidates their agents and supporters which in some cases has resulted. In loss of life and property.”


Finally he appealed and requested the President as Commander —in- Chief to instruct armed personnel not to do anything that would be interpreted as interference in the electoral process.

For instance, in his affidavit he stated that on 3/3/200 1 when the petitioner held rallies in Rukungiri and Kanungu Districts, he found his supporters striken by fear, because of intimidation and harassment. Finally he held a rally in Rukungiri Township. After the rally, when he was preparing to leave for Mbarara/Kampala he heard gunshots in the town and then saw people running. He left for Mbarara. He soon learnt that Beronda one of his supporters was killed and 1 4 people were injured.

The evidence of interference with his electioneering activities is brought out clearly in the affidavit of Hon. Major (Rtd) Okwir when he came for consultative meeting in Rukungiri and Kanungu. He stated that every where he went to, PPU under the Commander of Capt. Ndahura dispersed his meeting. At Rugyenjo, they threatened to shoot if he did not leave and go. His arrest at Entebbe International Airport when he was supposed to travel to Adjumani with the petitioner to hold rallies was evidence of interferance. The affidavits of Mpwabwooba Callist, Kakuru Sam, Harsey Kasamunyu, Byomuhangi Kaguta, Richard Bashaija Henry Muhwezi support and confirm interference with petitioner’s electioneering activities by PPU soldiers especially in Rukungiri and Kanungu and Kamwenge.

The affidavits of Captain Ndahura Mr. Mugisha Muhwezi and Hon. Capt. Charles Byaruhanga though denying interference with petitioner’s electioneering activities, I would not be surprised by their denial because Capt. Ndahura would obviously not admit that he had failed to control his junior officers under him. Muhwezi, Mugisha, Deputy RDC of Rukungiri would not admit that he interfered with the electoral law. Hon. Capt Charles Byaruhanga conceded that he met Henry Muhwezi and persuaded him to join 1st respondent’s camp, but stated that he never used force. And although the affidavit of the Army Commander shows that the motive of creating a Joint Security Task Force was to oversee, handle and ensure peace during the electoral process and although previously such a Joint Security Task Force had been resorted to whenever need arose, I must state that in the instant case there was serious controversy which raised question of interference with freedom and fairness in the Elections of the President. It is to be noted that in the 2001 Presidential Elections, the 1^st respondent had resisted that the petitioner could not stand against him on the movement ticket. Later, the petitioner was allowed to stand as a Presidential Candidate against the 1St respondent. Therefore the situations in the quoted previous cases were different from the instant case.

However, the affidavits of Mubangizi Dennis, Bashaija Richard, Frank Byaruhanga, Bernard Masiko, Hon. Maj (Rtd) Okwir shows that PPU soldiers arrested, tortured and beat up petitioner’s supporters. Some of the people arrested were detained until after close of the election. In fact, in the course of the affidavit, Capt Ndahura conceded he released his vehicle to be used by police when they went to Rugyeyo to disperse Maj (Rtd) Okwir’s illegal rally. He denied his soldiers being responsible for Beronda’s death and injuring 14 others in Rukungiri.

reject his denial of what the soldiers were stated to have done. He did so to save his face and his soldiers.

Clearly, from the affidavits of both sides, I am satisfied that the petitioner has proved to the satisfaction of the court that PPU soldiers, Deputy RDC of Rukungiri and GISO from Rukungiri and Kanungu interfered with petitioner’s electioneering activities. Although there is no evidence that these PPU, GISO and Deputy RDC were agents of 1^st respondent, the fact is petitioner’s electioneering activities were interfered with by PPU soldiers and GISO in Rukungiri and Kanungu.

However, I must state that there was not much evidence led to implicate Kakooza Mutale’s Kalangala Action Plan in the interference with petitioner’s electioneering activities.

Otherwise, generally speaking the petitioner’s electioneering activities were not free and fair especially in Rukungiri, Kanungu and Kamwenge.

10. I come to the complaint concerning the abduction of Maj (Rtd) Okwir at Entebbe International Airport and intimidation of petitioner’s supporters. The arrest of Maj. (Rtd) Okwir Rwaboni at Entebbe International Airport when he was travelling with the petitioner to Adjumani for election rally was the type of evidence which went towards proving harassment and intimidation of petitioner” supporters. The arrest was openly done and was covered by television camera men. After his arrest what happened to him depends on which affidavit can be believed. Lt. Col. Noble Mayombo CMI stated in his affidavit that they had received intelligence reports that some supporters of the petitioner had planned to kill him in Adjumani.

The petitioner and Maj (Rtd) Okwir rubbished the story. However, what is clear is that Maj. (Rtd) Okwir affidavit herein is that he never travelled to Adjumani.

The evidence of intimidation of petitioner’s supporters and harassment came out clearly in the affidavits herein of Stanley Bugando, Arinaitwe Wilkens, Bernard Matsiko, Henry Muhwezi and Mpwabwooba Callist and Harsey Kasamunyu, which are part of this judgment.

There is clear evidence that a part from arresting these witnesses, in Rukungiri, Kanungu and Kamwenge, PPU soldiers and GISO went around telling people if they turned out to attend Okwir’s rally in Kihihi, they would be dealt with.

Throughout the remaining two weeks to the election day some people went around directing people to turn up and vote for Museveni and that if they did not, their homes would be burnt. These arrests and intimidations culminated in what happened on 3/3/2001 in Rukungiri when Beronda was killed and 14 others injured at the end of petitioner’s rally.

Although there was no evidence by the petitioner to prove that those who carried out harassment and intimidation of petitioner’s supporters were 1st respondent’s duly appointed agent and that they did so with his knowledge and consent or approval, the fact still remains that petitioner and his supporters were harassed and intimidated. Henry Muhwezi was told by Hon. Capt Charles Byaruhanga since he had refused to support candidate Museveni, he was going to treat him (Henry Muhwezi) like a rebel. He was summoned and then handed to his body guard and driver to take him to Bihanga barracks. As they took him, they beat him thoroughly and abandoned him on the way at night.

Although Capt. Ndahura, Hon. Capt. Byaruhanga and Mugisha Muhwezi, Deputy RDC of Rukungiri denied harassment and intimidation of petitioner and his supporters, the evidence in support of the complaint is so overwhelming that I have accepted it as truthful. The type of harassment and intimidation exerted on the petitioner and his supporters was infringement of the principle that presidential election had to be conducted under condition of freedom and fairness. However, since there was no evidence that the 1st respondent had knowledge and consent or approval of what PPU soldiers, were doing I doubt if 1st respondent would be guilty.

Therefore all in all, I am satisfied that the petitioner’s electioneering activities were interfered with, which offended Sections 74(b) and 75 of the Act.

11. Another complaint was that there was voting on sham and special polling stations created on 11th March 2001 without voters’ cards.

Mr. Mukasa David Bulonge’s affidavit paragraphs 2, 3, 28 and 29 herein fully explains what the 2’ respondent did on 11^th March 2001. The new polling stations had no corresponding voter’s rolls. This means that if there were no voter’s rolls, then voters did not have voters’ cards. It would appear that anyone who knew of the existence of those new polling stations would go and vote. These could be the polling stations Rwanga Pastori Kwaya of Nebbi is referring to in his affidavit, James Oluka of Soroti, Central ward is talking about in his affidavit, Ongee Marino of Kitgum Town Central ward is referring to in his affidavit and Tumusime Enock of Ntungamo is referring to in his affidavit, when he stated voting was going on at 11:00 pm at Catholic Social Centre polling station which was ungazetted.

The affidavit of Nshemereza Topher, the Assistant RDC of Ntungamo does not

deny the existence of that polling station. He merely stated he never left his
office on that day. Akena Kennedy, presiding officer of MaIm Obondro Home 11
polling station, Kitgum, averred that he knew that MaIm Obondro Home was a
polling station before 12th March 2001.

I must state that I cannot excuse the 2^nd respondent for the creation of 1176 polling stations on March 2001 when there were no corresponding voter’s rolls. How did 2^nd respondent expect people to vote from these new polling stations when there were no corresponding voters rolls in those polling stations. This meant that the electoral commission expected people to go and vote without voters’ cards with no voters Rolls at polling stations. Clearly this meant the voting in those polling stations offended Section 29(4).

12. The other complaint was that contrary to section 25 of the Electoral Commission Act, the 2 respondent failed to display copies of the voters Roll to each parish or ward in a public place within each parish or ward for a period of not less than 21 days and as a result, the petitioner and his agents and supporters were denied sufficient time to scrutinize and clean the voters’ Roll and exercise their rights under the law.

The petitioner’s affidavit in support was

“That the 2nd respondent failed to display the voters Register and Rolls for each Parish or Ward in a public place within each parish or ward for period of not less that 21 days stipulated by law and as a result my agents, supporters and myself were denied sufficient time to scrutinize and clean the voters Rolls and exercise our rights under the law.”

The 2^nd respondent’s reply to the complaint was:-
(a) That the voters Register was initially displayed countrywide for 3 days and everybody was free to scrutinize the said Register.


(b) That after consultations with and on request by agents of all Presidential Candidates including those of the petitioner, the 2” respondent extended the time for display of the voters Register for another 2 days.


(c) That in any case the contents in the above complaints of the petition do not constitute a ground upon which the election of a candidate as President can be annulled.

It was submitted that under Section 25(1) of the Electoral Commission Act, 1997, it was mandatory for the 2 respondent to display voters’ roll for a period of not less than 21 days, during which a copy of the voters’ roll for each parish or ward shall be displayed for public scrutiny and during which any objection or complaints in relation to the names included in the voter’ roll or in relation to any necessary corrections shall be raised or filed.

It was further submitted for petitioner that the 2nd respondent purposely failed to do so for 21 days as a result of which voters’ rolls were not cleaned to remove ghost voters, people who had died, people who ought not to be on the roll, because for instance they migrated to other areas or because they are underage or are non-citizens.

For 2^nd respondent it was submitted that the 2’ respondent was empowered to reduce or increase the period from 21 days. On this very point, it seems to me that whereas the Electoral Commission (EC) had powers under Section 38(1) of the same Act to do anything for purpose of carrying out its functions, it had no powers to abridge the period of display of voters’ Register/roll, because the section states as follows:

“Where, during the course of an election, it appears to the commission, by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstances, any of the provisions of this Act or any law relating to election other than the constitution, does not accord with exigencies of the situation, the Commission may, by particular or general instructions, extend the time stations or otherwise adapt any of the provisions as may be required to achieve the purpose of this Act or the law …….”


Considering the affidavit of the 2^nd respondent, clearly voters’ Registers/Rolls were displayed for a maximum of 5 days which contravened sub-section (1) of Section 25 of the Electoral Commission Act, 1997 which required voters roll to be displayed for a period of not less than 21 days. Although the 2r,d respondent had powers to vary the time under section 38 of the same Act, the powers given was confined to enhancement of the time, but not to decrease the period of display of voters’ roll. Therefore display of voters roll for 5 days was a noncompliance with Electoral Commission Act. However, this would not cause annulment of the elections since it was not a non-compliance with the Presidential Elections Act and moreover, even if it had contravened the Presidential Elections Act, the petitioner would have the onus of proving that the noncompliance affected the result of the election in a substantial manner.

13. The other complaint was that after the petitioner’s polling agents were chased away from the polling stations, voting continued and eventually counting and tallying of votes were done in the absence of petitioner’s agents. Clearly, this offended section 4 of Section 47 of the Presidential Elections Act. The evidence of James Musinguzi in his affidavit sworn on 23^rd March 2001 at Kampala, in particular paragraph 11, 1 2 & 1 5 state as follows:

“(11) That on the day of elections, I visited Kashojwa, Nyarurambi, K(fumbwe and Ntungamo polling centres in Kanungu district and at all these centres, I found that the polling agents for Dr. Besigye were chased away from the polling areas and there was no actual voting since ballot papers were being pre-ticked in favour of candidate Museveni by the polling officials who would then direct the “voters” to just put them in ballot box. I complained about this to the returning officers but 1 was disregarded. In fact the GISO of Kirima in presence of the Kirima LC111 chairman bluntly told me that my complaints were a waste of time as it had already been decided that Dr. Besigye should be allowed not more than 3 votes in Kijubwe Parish. Indeed Dr. Besigye ended up with 3 votes from that polling centre comprising of 3 polling stations, although our agents alone numbered 15.

(12) At the said Kijubwe polling centre our agents had been chased away but after the so called vote count the said agents including one Sam Kakuru were dragged from their homes and forced to sign the declaration forms in respect of voting which had not witnessed.

(13) That when I arrived at my polling station at Ntungamo, all voters were being given pre-ticked ballot papers to cast in favour of candidate Museveni. I asked for our agents and was told they had been sent off. I traced them to their homes and they confirmed this.


(15) That in the circumstances I did not vote since it was meaningless to do by casting a ballot pre-ticked for me.”