Prime
EC boss, govt defend Museveni win
Justice Simon Byabakama
What you need to know:
- Responding to the poll petition filed by Mr Robert Kyagulanyi, aka Bobi Wine, Justice Byabakama also defended the EC as having conducted the presidential elections within the law, dismissing as untrue Mr Kyagulanyi’s argument that Mr Museveni influenced their final decision.
The Electoral Commission (EC) chairperson, Justice Simon Byabakama Mugenyi, has defended the recent re-election of President Museveni to serve a sixth elective term, saying the elections were peacefully executed and the President duly elected.
Responding to the poll petition filed by Mr Robert Kyagulanyi, aka Bobi Wine, Justice Byabakama also defended the EC as having conducted the presidential elections within the law, dismissing as untrue Mr Kyagulanyi’s argument that Mr Museveni influenced their final decision.
Mr Kyagulanyi is seeking to annul Mr Museveni’s victory on account that the elections were not conducted in accordance with the law.
“…I know that the 1st respondent, (Mr Museveni) did not commit any offence or illegal practices and that the elections were free and fair and there is no justifiable reason at law or at fact to annul the presidential election 2021,” Justice Byabakama states in his affidavit in defence of Mr Museveni’s win.
He added: “In response to paragraph 164, maintain that the 2nd respondent (EC) performed its functions under the Constitution independently, in accordance with the principles of a free and fair election and without any preferential treatment, in favour or in discrimination of any candidate.”
The EC ,which is the second respondent in Bobi’s poll petition, is being represented by Kampala Associated Advocates and Okello Oryem & Co. Advocates.
On Monday, Mr Kyagulanyi in his poll petition that he filed before the Supreme Court, accused the electoral body of having compromised its independence when it allegedly subjected its functions to the control of Mr Museveni, state organs, agencies and security institutions, which actions violated the Constitution.
Further in his petition, the leader of the Opposition National Unity Platform (NUP), accuses the EC of failing to prevent multiple voting in various parts of the country, ballot stuffing, failure to ascertain, transmit, tabulate and declare the actual results of the presidential elections transparently.
He also blames the electoral body for banning him from carrying out his campaigns in 16 districts, including Kampala, claiming his rights were frustrated and that this cost him votes.
Justice Byabakama instead accused Bobi Wine of failure to adhere to the Ministry of Health Covid-19 guidelines of not holding mass rallies.
Justice Byabakama also accuses Mr Kyagulanyi of refusing to sign onto the memorandum of understanding with the commission on a harmonised campaign programme that required adherence to Covid-19 rules.
Responding to a directive banning campaigns in 16 districts due to the surging numbers of Covid-19, which Mr Kyagulanyi claimed denied him interface with his electorate that denied him votes, the EC boss reasoned that the revised roadmap applied and affected all presidential candidates.
Attorney General defence
In a related development, the Attorney General (AG) yesterday filed his response, defending the re-election of President Museveni. The AG is the third respondent.
In an affidavit sworn in by the director of operations in the police, AIGP Edward Ochom denied allegations that the police and army deliberately dispersed the campaign rallies of Mr Kyagulanyi and instead enforced the Covid-19 measures as given by the Ministry of Health.
Mr Ochom also accuses Mr Kyagulanyi of having conducted himself in a provocative manner against security throughout his campaign period.
“The petitioner typically travelled with large groups of people, engaged in processions, addressed unlawful rallies and generally breached the law and disobeyed lawful orders of the security forces,” he said.
The NUP leader accuses the police and army of having unlawfully disrupted his activities when they illegally arrested members of his organising team and confiscated the campaign launch and branding material, including copies of his manifesto, masks, umbrellas, T-shirts, ribbons and balloons.
“Contrary to Section 24, 26 and 70 of the Presidential Elections Act, the officers of the UPF and UPDF interfered with and disrupted the petitioner’s campaigns and electioneering by confiscating campaign materials; including T-shirts, berets, masks, ribbons, umbrellas, documents; and arresting his supporters for wearing his campaign materials and criminalising the same across the country,” Mr Kyagulanyi stated in his petition.
With the filing in of the responses by both the EC and the AG, it is now Mr Museveni who is left to respond to Mr Kyagulanyi’s poll petition by close of business today before court can hold a pre-hearing meeting to fix hearing dates.
