Tsekooko, Oder Ruled Against Museveni

By A. Wasike, J. Nankinga, A Mugisa & H. Kaheru CHIEF Justice Benjamin Odoki, Justice Alfred Karokora and Justice Joseph Mulenga ruled that the March 12 presidential election should be upheld, while Justice Wilson Tsekooko and Justice Arthur Oder wanted it nullified. The Supreme Court Judges read out details of their respective judgements in Col. Kizza Besigye's petition yesterday. The court dismissed the petition on April 21 on a 3-2 majority, leading to President Yoweri Museveni's swearing-in on May 12. Tsekooko criticised the involvement of the army in the election, saying it was not justified because the country was not under emergency or invasion. He said there was enough time to enhance the capacity of the Police. He said Museveni's remark that Besigye had AIDS was based on rumours and hearsay, calculated to decampaign the petitioner. He said Museveni had worked with Besigye for a long time but had never talked to him about his AIDS status. "Why wait until election time. It was so calculative," Tsekooko said. Tsekooko and Oder described the presidential elections as "unfree and unfair." They blasted the Electoral Commission for "incompetence and failing to do its work in accordance with the law." Oder lashed out at the electoral body for allowing people to vote without valid voters' cards. "The importance of voters cards in an election cannot be overemphasised. It means proper identification of voters, whether the holder of a voter's card is the same person whose name appears in the voters register and vice versa," he said. On the AIDS allegations , Oder said he was satisfied that the statement made by Museveni to the press was false. He said it was based on "speculation." He said Museveni committed an "illegal practice" by "maliciously publishing a false statement" about another candidate. But Odoki said court was not satisfied that any illegal practice or offence was committed by the President or with his knowledge, consent or approval. Odoki rejected Besigye's claim that failure to comply with the Electoral Commission Act was a ground for nullification of Museveni's election. He also dismissed Besigye's allegations that he was not free to canvass for votes nationwide. Odoki criticised the Electoral Commission for failing to publish the list of polling stations in time and supplying the voters' rolls to Besigye's agents. He said this undermined the principle of transparency. Karokora said Besigye failed to prove that non-compliance with the law and compromising of the principles of free and fair elections affected results in a substantial manner. He said Besigye also failed to prove that Museveni's AIDS remarks were false or scared voters who would otherwise have voted for him (Besigye). Mulenga concurred with other Judges that there was intimidation by the army especially PPU. But he added that this and other offences did not affect the results in a substantial manner. He said there was no low voter turn-out in areas where there was evidence of harassment and intimidation of voters. Ends