| It appears people simply lost their votes by Voting Dr. Bwesigye. The messaya, it does appear, who the people thought would have delievered them from more suffering in Nothern and Eastern Uganda, is not to be!! Ladit Ocii what says thou? what next? That stated on a personal note, I believe there was a traversty of justice in the so called ruling of the supreme courts. certain elements are yet to anwers for such ruling in future...if the people demand so!! MK |
Besigye rejects verdict MONITOR TEAM Did the EC comply with the law? ...No (7:0)
Was the election Free and Fair? ......No (7:0)
Did malpractices affect results? .....No (4:3)
Is candidate Museveni innocent?..Yes (5:2)
Should elections be annulled? ........No (4:3)MENGOSUPREME court justices yesterday upheld President Yoweri Museveni's re-election that cemented his 20-year rule but roundly concurred that the February 23 poll was not free and fair and was marred by irregularities.
This is the second time in five years Dr Kizza Besigye is losing an election petition against Museveni's victory, the first being in 2001.
HELLO: EC Chairman Badru Kiggundu. Photo by Mike Odongkara While delivering the court's verdict, Chief Justice Benjamin Odoki said that four out of the seven justices who heard the petition had resolved that the malpractices cited by the Forum for Democratic Change leader Dr Besigye did not affect the outcome of the election in a substantial manner.
Justices Arthur Oder, William Tsekooko, Alfred Karokora, Joseph Mulenga, George Kanyeihamba and Bart Katureebe heard the petition with Justice Odoki, but they neither gave detailed reasons for their ruling nor disclosed which judge ruled for or against the petition. He said the detailed reasons will be given later.
In the result, by majority decision we order that the petition be and is hereby dismissed, Odoki ruled at exactly 10:55am. We make no order as to the costs.
President Museveni was declared winner of the February 23 election with 59% of the vote against Besigye's 37%. Ssebaana received 1.58% of the vote, while UPC's Miria Obote and independent Abed Bwanika scored below 1% each.
Besigye, however, rejected the results and sought legal redress.
But the Democratic Party's John Ssebaana Kizito, who agreed with Besigye that the election was not free and fair, accepted the results announced by the Electoral Commission "for the sake of peace and continuity." Abed Bwanika too accepted the result.
All the Justices concurred that the Electoral Commission (EC) did not conduct the poll in compliance with the Constitution, the Presidential Elections Act and the Electoral Commission Act.
They also unanimously ruled the poll was not held in compliance with the principles of the constitution and other relevant laws.
However, by the decision of four to three the judges ruled that the non-compliance was not substantial as to affect the final outcome of the poll.
They said they had found that EC had disenfranchised many voters by deleting their names from the voters roll without giving hearing to those affected. The electoral body criticised for failing to follow the laid down procedures in the counting and tallying of the final results.
The court also held that principles of a free and fair elections were compromised in that the election was marred by bribery, intimidation, violation of the secrecy of the vote and undermining of equal suffrage.
The petitioners lawyers had during the hearing argued that the requirement of substantial effect of malpractices as a basis for nullifying an election was unconstitutional. The judges said they declined to refer this matter to the Constitutional Court because it did not arise during the proceedings of the petition and that there was a risk of failing to beat the 30 days deadline within which the petition had to be disposed of.
We find that Section 59 (6)(a) is not inconsistent with Article 104 (1) of the Constitution, Odoki said. Section 59 (6)(a) is the one that requires the proof of substantial effect of malpractices complained of for the court to overturn an election.
Five out of the seven judges ruled that Dr Besigye had failed to prove that President Museveni personally or through agents committed illegal practices or any other acts contrary to the electoral law. Besigye contended that Museveni had committed electoral offences by using malicious, derisive, derogatory, abusive and sectarian language and making false statements against him and the other opposition politicians, and also bribed voters to influence their choice.
Odoki said that court was constrained to make comment on certain issues that affected the elections. We are constrained to comment on a number of matters which have given us concern: the continued involvement of security forces in the conduct of the elections where they committed acts of intimidation, violence and partisan harassment, the massive disenfranchisement of voters by deleting their names from the voters register without their knowledge or being heard.
In 2001, Besigye who lost to Museveni challenged the results and petitioned the Supreme Court. In a 3:2 verdict, the court upheld the results, saying while there were massive irregularities, rigging and violence, they could not have changed the outcome fundamentally.
Besigyes lawyer Yusuf Nsibambi said the petitioner had clearly won, following courts ruling that he had proved three of the four issues.
The NRM vice chairman Haji Moses Kigongo applauded the court decision saying, It is good the matter has been resolved peacefully and the country has not been destabilised. Lets now move on with building the nation.
Electoral Commission chairman Haji Badru Kiggundu said, There is nothing to comment.
EC secretary Sam Rwakoojo said, I cant comment until I read the judgement. I dont know what reasons they based their decisions on.
Information minister Dr. James Nsaba Buturo said: Of course I am happy. We hope to even do better in the next election. This only proves that President Museveni is the undisputed leader of this country. He commended Besigye for bringing up this matter and the courts for resolving it in a peaceful manner.
I wish to commend the petitioner (Besigye). The petitioner is a great man. He has done his best and shall continue enjoying his rights as a citizen.
Mike Ssebalu (Busiro MP) said, I am very happy with the decision. The petitioner was only looking for a scapegoat. The people spoke and you cant disenfranchise them using the court.
West Nile politician Nusura Tiperu said, I am very happy. It is the people who have won. The EC could have made errors but it shouldnt be visited on the President. The reality on the ground is that Besigye himself rigged massively in the north. His people intimidated us and the voters into voting for Besigye.
REPORTED BY SOLOMON MUYITA, EMMANUEL MULONDO, HUSSEIN BOGERE, SIRAJE K LUBWAMA & LYDIA MUKISA
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