Court has concurred with poll petitioner, Judith Nabakooba that there was mass irregularities in the January 14, 2021 (Mityana Woman MP).
This follows Nabakooba’s petition before Mubende High Court against National Unity Platform (NUP) candidate, Joyce Bagala.
The Electoral Commission had, following the polls, declared Bagala having polled 64,633 votes.
According to the results declared, Nabakooba polled 48,322 while Brenda Nabalisa polled 1,515 votes.
Not content with the outcome of the polls, Nabakooba petitioned the court citing irregularities.
In a ruling on Friday, Mubende High Court Judge Emmanuel Baguma, court concurred with Nabakooba that there was bribery in the polls.
Court defines bribery as money or gift given to a voter and that given by the candidate personally or by his/her agent.
According to the Court, the gifts or money are given with intent to influence the voter to vote in a certain way or refrain from voting.
In the Nabakooba-Bagala case, several witnesses came up to testify against Bagala.
They include voters, polling officials and agents among others.
Evidence before Court shows that Bagala’s camp gave out salt, sugar and soap in some parts of the constituency while in other areas, voters were given between Shs 3, 000 and 5, 000. Voters with influence in their areas were given between Shs 10, 000 and Shs 50, 000.
Evidence further shows that Bagala’s campaign agents were given up to Shs 600, 000 so as to buy votes.
Under Section 61(1) (c) of the Parliamentary Elections Act, a single illegal practice or election offence under the PEA, once proved, by the Petitioner, to the satisfaction of the court, suffices to prove a ground for setting aside an election.
Baguma argued in the ruling that “The weight or significance of the bribe would not matter as long as it is proved that it was given for the purpose of influencing a voter to vote for the candidate giving it or to refrain from voting for another candidate.”
He added that because of a single act of bribery by or with the knowledge and consent of the candidate or his Agents, however insignificant it might be, is sufficient to annul an election.
“The petitioner has to prove to the required standard that indeed the Respondent or his or her Agent bribed voters,” he added.
Basing on these facts and findings, the Judge said: “Upon finding that there is enough evidence in this petition to prove that the 2nd Respondent (Bagala) through her Agents, with her knowledge and consent or approval committed the electoral offence of bribery and court makes the following Orders; The election of the 2nd Respondent as Woman Member of Parliament for Mityana District Constituency is set aside. A by-election is ordered to be held in Mityana District Constituency for the Woman Member of Parliament. The Petitioner is awarded the costs of this Petition.”
In a tweet shortly after the ruling, Nabakooba said that: “I want to thank everyone who believed in our victory from the first day and stood by us to make sure we reclaim it. I thank my Party, Party Chair & for the people in Mityana, you’re deeply at heart!”
Bagala, on the other hand, has called for calm.
“Please do remain calm.Our legal team shall appeal the ruling and I am confident that we will be victorious. I am undeterred in my aspiration to protect the will of Mityana People who voted for us overwhelmingly,” tweeted last night and added, “I am overwhelmed by the amount of support I have received already, with some voters and supporters advising us to appeal the high court ruling while others want us to go back to the ballot and we assert our power and will. In the next few days, we shall announce our way forward.”