Babihuga wins case, Masiko out

By Solomon MuyitaA SIXTH MP has lost a seat in the Seventh Parliament.The Rukungiri Woman member of Parliament, Winfred Masiko Komuhangi, lost her seat at 2:40pm yesterday in an election petition filed by her predecessor, Winifred Babihuga.Justice Musoke Kibuuka yesterday nullified Masiko’s election, declared the seat vacant and ordered for a fresh election.Musoke Kibuuka also ordered Masiko, a Movement-favoured candidate, to pay to Babihuga a quarter of the total costs of the petition and three quarters to be met by Electoral Commission (EC).Babihuga is a member of The Reform Agenda, a group formed by former presidential candidate Dr Kizza Besigye’s supporters and was treasurer of Besigye’s campaign team.Babihuga was excited after she won the nine-month petition.“Almost everything that can go wrong in an election has featured in this election petition, and could as well be the worst election in the political history of Uganda,” the Judge said in his four-hour judgement made in Kampala yesterday.Court also awarded Babihuga’s lawyers, Blaize Babigumira and Richard Mwebembezi certificates for ably arguing out a constitutional matter.Court heard that there was lack of respect in the election in Rukungiri where senior public officers, security officials, electoral officials and ISO operatives compromised the electoral process in favour of Masiko.The Judge blamed the greater percentage of the irregularities in the elections on both the EC and the Government.The Rukungiri Returning Officer, Frank Ntaho, who was the third respondent in the case, was exonerated by court because he was “a mere EC agent.”The ‘V’ signs and slogans of ‘Agende’ that featured during the March 2001 presidential elections, featured again as Babihuga supporters celebrated the verdict, shortly after the Judge declared the seat vacant.Babihuga later joined her jubilating supporters outside the court.“Justice has taken its course and I’m very happy. I know I had won the Rukungiri elections and I can assure you that I can never lose any election in Rukungiri. The ground is already ripe and ready for me,” Babihuga said.Masiko told The New Vision she was not convinced that it was a fair judgement and had instructed her lawyer, Wilson Kwarisiima to file an appeal.“I’m going to appeal against the judgement, but if I lose, I will not be shy. I will go back and stand again. My supporters are still there to vote for me,” Masiko said.The EC was blamed for failing to organise a free and fair election as provided for in the Parliamentary Elections Act. “The voters’ register was improper by all standards. EC did not show seriousness in utilising hand-written registers in year 2001 of a national election. This facilitated intensive manipulations in favour of the first respondent (Masiko).The Judge spelled out various cases of intimidation, swapping of votes in favour of Masiko, ticking ballots on the presiding officer’s table, instead of the usual basin and under tight security, multiple registration and voting and use of electoral officials to rig.Court, however, was not convinced that President Yoweri Museveni’s involvement was a source of intimidation, as alleged by Babihuga.“The President has a right to hold political meetings as Head of State, and there was no evidence connecting him to the intimidation in the elections,” the Judge said.Museveni was alleged to have instigated rigging in the district election when he, on June 12, met with top Rukungiri election managers and instructed them to do whatever they could to ensure that Babihuga loses the election.Other MPs who lost seats are state minister for industry, Richard Nduhuura (Igara East), Stephen Mallinga (Butebo), Ashraf Noah Olega (Aringa), Peter Patrick Ochieng (Bukooli South) and Michael Mumia (Bubulo East). Nduhuura, however, bounced back in a re-election.