Over 10 voters swore affidavits in which they described Bayiga as stingy and a conman
Justice David Batema has advised politicians against making promises to voters which they cannot fulfil.
Batema made the remarks while delivering his ruling in an election petition filed by former Buikwe South MP Michael Lulume Bayiga in which he had challenged the election victory of NRM’s David Mutebi.
In his application, Bayiga had alleged that Mutebi on top of committing electoral offences during his campaign trail had also uttered false statements against him that he was a conman and stingy which affected his reputation among the voters.
Batema ruled that Mutebi cannot be held accountable for the offence since he clearly explained to court that he got the information from a local newspaper and some of the voters whom he had promised to give scholarships among other aid which he failed to fulfil.
“I would seriously advise Dr Bayiga to fulfil his promises to his voters and soon they will stop referring to him as a conman and stingy other than faulting Mutebi for starting this hate speech against him, which might have affected him in the concluded parliamentary elections.
“No politician can fail to use such a media report which you (Bayiga) failed to challenge in courts of law because indeed it is a criminal case” Batema said.
Over 10 voters swore affidavits in which they described Bayiga as stingy and a conman.
The judge also found no credible evidence that Mutebi had committed electoral offences like voter bribery and instead found Bayiga guilty of the forging the evidence contained in the 22 affidavits filed in support of his petition.
Batema based his decision on the defective affidavit evidence supporting Bayiga's petition which he ruled as being hearsay having been filed as an afterthought when the petition was already before court.
“The deponents never appeared before a commissioner of oaths to commission their affidavits as required before filing them in court and on top of bearing forged signatures and changed venues and dates” Batema ruled.
He then condemned Bayiga's conduct of forging signatures and schooling witnesses saying it's shameful and a criminal act.
“One who comes for justice must come with clean hands and that no one should stoop so low to coach evidence in the bid to become an MP.
Forged evidence cannot be based on by court to set aside an election. .” Batema said.
Batema accordingly dismissed bribery and uttering false statements allegations against Mutebi with costs on grounds that Bayiga failed to prove his case. He also blamed the duo for engaging in violence during their campaign trail.
Unusually before reading his judgment, Justice Batema called Mutebi and Bayiga in front of a fully packed courtroom shook their hands and also ordered them to shake each other’s hands too as a sign of reconciliation.
The judge also ordered Bayiga to pay the Electoral Commission (EC) costs for dragging it to court yet he had no case against it as he informed court at the beginning of hearing the petition.
Also on Friday, Justice Joseph Mulangira confirmed Henry Kamya Makumbi as the Member of Parliament for Mityana South.
Mulangira ruled that whether Kamya had committed electoral offences and there was non-compliance with the electoral laws by the EC, the petitioner Richard Lumu served the respondent out of the time.
Mulangira also threw out the petition filed by Joyce Okeny Achan challenging the election of William Nokrach as the duly elected Northern Uganda MP for Persons with Disabilities (PWDs) for lack of credible evidence.