Bagala unshaken by court ruling

Mityana Woman MP, Joyce Bagala, says she is ready to grab the bull by the horns for another round of elections after a High Court decision that has overturned the outcome of the January 14 polls in Mityana district.

Judith Nabakooba, the Minister of Lands, Housing and Urban Development (NRM) lost to Bagala (NUP) after polling 48,322 and 64,633 votes respectively. Nabakooba then filed a petition challenging Bagala’s victory, citing voter bribery.

On Friday, October 22, the High Court judge in Mubende ordered for by-elections after concurring with the petitioner that Bagala committed the alleged electoral offence of bribery. Justice Emmanuel Baguma ordered the Electoral Commission (EC) to conduct a by-election for the Mityana District Woman Member of Parliament seat, after nullifying the election results, which declared Joyce Bagala winner.

Bagala, however, wonders where the Judge found evidence to pin the offence of bribery on her.

“I am not worried or shocked, my lawyers will tell you what the Judge bases on to rule, am sure that the judge also knows that I won this election and the judge also knows that Nabakooba did not bring any piece of evidence to the effect that I bribed voters or there was noncompliance,”  she said.

Nabakooba counters that she is now ready to go back to the masses to claim her victory.

“God has spoken, we are victorious now. God has once again spoken for the voice of the people in Mityana, we knew what happened during the elections, we went to court and finally God has given us a smile,” she said.

Bagala unshaken by court ruling

Bribery allegations against the 2nd respondent:

i. Nabulya Ruth PW7 a Polling Assistant at King Faisal (ND-Z) Polling station stated that on January 14, 2021, the Presiding Officer of King Faisal (NDZ) gave her 30,000/= as a deal to help unregistered voters of the 2nd Respondent to vote. She also reportedly witnessed coordinators giving out masks and money telling voters to vote for the 2nd Respondent.

ii. Namaganda Pauline PW8 a Presiding Officer at Busimbi Gombolola area (AL-Z) Polling station stated that on January 14, 2021, she witnessed many agents of the 2nd Respondent giving out money to voters telling them to vote for the 2nd Respondent.

iii. Nsamba Emmanuel PW78 a Presiding Officer at Busimbi/Kasimbi (O-Z) Polling station stated that on January 14, 2021, he witnessed coordinators of the 2nd Respondent who brought food and drinks for the agents and also gave voters encouraging them to vote for the 2nd Respondent.

iv. Mwanje Francis PW47 a registered voter and Ward Supervisor at Kabule R/C Primary School Polling station stated that he was given money by the 2nd Respondent to give voters to vote for her and he gave the money to Kawesi Sam, Walugembe David, Nyanzi Joseph, Muchume Andrew and other registered voters. Mwanje Francis PW47 was not subjected to cross examination on the alleged allegations of bribery, nor was proof brought that Kawesi Sam, Walugembe David, Nyanzi Joseph, Muchume Andrew were registered voters.

v. Kalema Bonny PW4. As noted above, Francis Butebi Sembusi has been mentioned adversely by several witnesses including PW4 Kalema Bonny a registered voter who was bribed with 300,000 by Butebi and used some of it to bribe others as well; PW2 Nakaggwa Annet a Polling Assistant at Kabuwambo HC Polling Station saw Butebi known to her as an agent of the 2nd Respondent leading a group of people engaged in unauthorized voting; PW11 Alumaiya Annet was given 10,000 by Butebi, whom she knew as a father of the area MP Francis Zaake. That Butebi facilitated her to vote whereas she was not a registered voter; PW85 VARITINO SEBWARIDA stated that he was an agent of the 2nd Respondent and was given 200,000 by Butebi to distribute to the voters.

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.

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.