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Judgement Day | Uganda Supreme Court Upholds Museveni Election Win, Mbabazi Petition Dismissed – Full Video Below

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Posted March 31, 2016 by Ugandan Diaspora News Team in Mbabazi Petition Dismissed ~ 1,393 views

     

Unlike the 2001 and 2006 election petition rulings where some justices dissented, all the nine justices of the Supreme court unanimously agreed to have the 2016 election petition seeking to annul the recent presidential election dismissed.

The first respondent (Museveni) had prayed that court dismisses the petition with costs but delivering his ruling today morning, Chief Justice Bart Katureebe dismissed the petition (without costs) on the pretext that court had not been satisfied with the evidence submitted by the petitioner, Amama Mbabazi.

Although court noted incidences of non compliance on the part of the Electoral Commission especially in regards to late delivery of voting materials, court raised concerns that most of the petitioner’s grounds were based on hearsay and no credible evidence had been adduced before court.

Court dismissed calls for vote recount or annulment of the presidential election saying; that while court can’t uphold an illegitimate election, “court should not rush to tamper with results that reflect the free will of the majority”.

Katureebe further said that incidences of “non compliance were noted but court has not been convinced that the non compliance affected the results in a substantial manner”. Katureebe said “non compliance doesn’t make an election void”.

Katureebe said the petitioner, also, at submission of his petition claimed to have evidence of the election observers reports but these were never provided to court. In his petition, Mbabazi said that President Museveni was illegally nominated by the Electoral Commission because he had been nominated by the EC before he had been nominated by his own party, NRM contrary to electoral laws.

Chief Justice Bart Katureebe delivers the Supreme court ruling today

Chief Justice Bart Katureebe delivers the Supreme court ruling today

Katureebe said basing on the submitted evidence and the rebuttal affidavits of Kasule Lumumba of the NRM secretary general, court found that Museveni had been duly nominated by the EC.

Court said the petitioner failed in his initial petition and even in the amended petition to show discrepancies between the declared and announced results despite claiming that he had evidence to that effect.

On the issue of declaring Museveni winner before results from all polling station were in, Katureebe says the law implores the Electoral Commission to declare results within 48 hours and, besides at the time of declaration, “Museveni was already a clear winner with over 50%” of the cast ballots and hence court found that EC flouted no laws in declaring Museveni the duly elected president.

Court however said the EC gave no satisfactory reasons as to why results from over 1,700 polling stations had not been submitted and tallied at the time of declaration. Katureebe said they also found it inexcusable and “gross incompetence” on the part of the EC to fail to deliver voting materials in time in some areas of Wakiso and Kampala districts.

Court said however, the petitioner had not submitted substantial evidence to prove that voters were disenfranchised by the late deliveries. On allegations that there were malfunctions of the bio-metric verification voter kits machines (BVVK) at some polling stations, court said whereas it found incidental evidence that the BVVKs had indeed malfunctioned, on whether this disenfranchised voters, court said the petitioner had failed to adduce any evidence to that effect. Court further said that the primary document used in the electoral process was the voters register and not the BVVKs.

The petitioner had submitted that the Electoral commission illegally retired the old national voters register and compiled a new one using data from National Voters registry – something he said had disenfranchised some voters, however court said the EC broke no law in the use of  National ID cards  to identify voters instead of the voters cards.

Source — NBS Television Video and The Observer Report.


About the Author

Ugandan Diaspora News Team

Ugandan Diaspora News Online is an independent, non political news portal primarily aimed at serving Ugandans who work and reside outside Uganda. Our aim is to be a one stop shop for everything Ugandan and the celebration of our Ugandan heritage.

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