Jinja High Court nullifies Iganga parliamentary seat
Aug 22, 2011
THE Forum for Democratic Change former candidate in the Iganga Municipality parliamentary race has won a petition he filed to challenge the election of his rival, Peter Mugema, as Member of Parliament.
By Jackie Nambogga
THE Forum for Democratic Change former candidate in the Iganga Municipality parliamentary race has won a petition he filed to challenge the election of his rival, Peter Mugema, as Member of Parliament.
Abed Nasser Mudiobole dragged NRM’s Mugema to court saying he breached election laws which affected his victory.
Mugema beat Mudiobole with 7,296 votes against 6,658 votes in the February 18, 2011 general elections.
The petitioner, through his lawyer Ambrose Tebyasa, accused Mugema of bribery, vote rigging, ballot stuffing, intimidation and detention of his voters, among others. Mudiobole also blamed the Electoral Commission (EC) for failing to control the flaws, which his rival committed.
While delivering the judgment at the Jinja High Court on Saturday, Justice Lameka Mukasa, concurred with the petitioner that Mugema committed the offence of bribery when he, on February 13, 2011 participated in a fundraising drive for the construction of a chapel at Nakavule Anglican church.
Mugema contributed sh100,000 and two bags of cement towards the works and also pledged a trip of aggregate stones if they voted for him.
The judge, who said the acts contravenes the electoral laws, added that Mugema also promised a bag of maize floor whose intention was to influence voters yet the EC prohibited such practices.
“The law doesn’t require a combination of grounds to set aside the election of a candidate. Since you admitted under cross-examination that you donated the said items yet it is against the EC laws, this is enough ground to set aside your election and the EC must hold fresh elections,†the judge ruled.
However, he said the petitioner had failed to prove the counts of violence, unfairness, intimidation and detention of his supporters, vote rigging and ballot stuffing.
Mugema, who was directed to meet 20% of the costs incurred by the petitioner, kept sipping apple juice in the court room and leaned against Budiope East MP John Mubito during the course of reading the ruling.
The ruling was read amidst heavy Police deployment complete with anti-riot trucks.
THE Forum for Democratic Change former candidate in the Iganga Municipality parliamentary race has won a petition he filed to challenge the election of his rival, Peter Mugema, as Member of Parliament.
Abed Nasser Mudiobole dragged NRM’s Mugema to court saying he breached election laws which affected his victory.
Mugema beat Mudiobole with 7,296 votes against 6,658 votes in the February 18, 2011 general elections.
The petitioner, through his lawyer Ambrose Tebyasa, accused Mugema of bribery, vote rigging, ballot stuffing, intimidation and detention of his voters, among others. Mudiobole also blamed the Electoral Commission (EC) for failing to control the flaws, which his rival committed.
While delivering the judgment at the Jinja High Court on Saturday, Justice Lameka Mukasa, concurred with the petitioner that Mugema committed the offence of bribery when he, on February 13, 2011 participated in a fundraising drive for the construction of a chapel at Nakavule Anglican church.
Mugema contributed sh100,000 and two bags of cement towards the works and also pledged a trip of aggregate stones if they voted for him.
The judge, who said the acts contravenes the electoral laws, added that Mugema also promised a bag of maize floor whose intention was to influence voters yet the EC prohibited such practices.
“The law doesn’t require a combination of grounds to set aside the election of a candidate. Since you admitted under cross-examination that you donated the said items yet it is against the EC laws, this is enough ground to set aside your election and the EC must hold fresh elections,†the judge ruled.
However, he said the petitioner had failed to prove the counts of violence, unfairness, intimidation and detention of his supporters, vote rigging and ballot stuffing.
Mugema, who was directed to meet 20% of the costs incurred by the petitioner, kept sipping apple juice in the court room and leaned against Budiope East MP John Mubito during the course of reading the ruling.
The ruling was read amidst heavy Police deployment complete with anti-riot trucks.