“We are satisfied; the (High Court) judge properly evaluated the evidence and came to the correct conclusion that the offence of bribery had been proved to the required standard,” the justices said.
The Court of Appeal has upheld High Court's decision to nullify the election of Kaabong woman Member of Parliament, Tubo Christine Nakwang.
A panel of three justices led by Richard Buteera on Thursday ruled that the offence of bribery was committed in six polling stations during elections and hence ordered for fresh elections to be conducted. Other justices are Kenneth Kakuru and Alfonse Owiny-Dollo.
"We are satisfied; the (High Court) judge properly evaluated the evidence and came to the correct conclusion that the offence of bribery had been proved to the required standard," the justices said.
The polling stations are Kathile sub-county, Kathile trading center, Namamutau, Nikwapicha Village, Nachukulu and Morouetome.
The justices observed that the evidence was unchallenged as no rebuttal was filed by Nakwang.
The trial judge also noted that the evidence in respect of bribery alleged to have taken place was provided by Adupa Francis in his affidavit dated April 1, 2016.
He was a registered voter at Kathile primary school polling station and he averred that he was approached by Loiki Gabriel and offered sh 5000 to vote for Akello.
During the national general election which was held on February 18, 2016, Nakwang, Akello, and Anjella Lucky Losike contested for the Kaabong District, Woman Member of Parliament seat.
After election, Nakwang was declared as the validly elected Woman MP for Kaabong district with 19,460 votes, followed by Akello with 19,344 while Losike obtained 1,194 votes. Meanwhile, 4,113 votes were declared invalid.
Being dissatisfied with the outcome of the elections, Akello filed a petition at the High Court in Kampala challenging the results alleging a number of irregularities, non-compliance with law and electoral offences.
The High Court Judge sitting at Soroti, Justice Billy Kainamura ruled in favour of Akello and set aside the election. The court ordered that fresh elections be held in accordance with the law.
Nakwang appealed the ruling in the Court of Appeal, which, unfortunately to her, has upheld the High Court's verdict.