Uganda Court Upholds Azalwa's Election as Busiki County MP

The High Court of Uganda has dismissed an election petition filed by former MP Paul Akamba, who challenged the election of Waiswa Joel Azalwa as the Member of Parliament for Busiki County. Justice Patience Rubagumya delivered the judgment electronically on Tuesday, finding that although there were irregularities at one polling station, they did not substantially affect the overall election results. Akamba had claimed that had the results from the disputed polling station been cancelled, he would have won the election.

Akamba had alleged several irregularities, including ballot stuffing, multiple voting, violence, intimidation, and abduction of his polling agents. He also accused the Electoral Commission of failing to ensure a free and fair election. However, the court found that most of these allegations were not supported by sufficient evidence. The judge examined witness affidavits, testimonies, declaration forms, and results tally sheets, but found that Akamba's claims were not proved to the required standard.

The court did establish that violence and chaos had disrupted voting at Budongo (A-I) Namutumba Primary School, with ballot papers grabbed and election materials temporarily taken away. However, the judge ruled that this incident was limited to one polling station out of 194 in Busiki County. The court also considered evidence that voter turnout across Namutumba district was approximately 55 per cent, affecting all three elections conducted on polling day.

The judge dismissed allegations of violence, intimidation, and ballot stuffing at several polling stations, including Nalusolo Junction, Bukairu Mosque, Igerera C.O.U., and Bubalya Borehole. At Nalusolo Junction, Akamba alleged that his polling agent was beaten and abducted, but the court found that these allegations were not supported by medical documents or police records. The court also noted that the station recorded a high voter turnout of 86.88 per cent.

The court also dismissed allegations that Azalwa had bribed voters through payments to savings groups and associations during the campaign period. Akamba had accused Azalwa of giving money to several groups, but the judge found that there was no cogent and independent evidence to support these claims. The court considered financial records presented by the defence, which showed that the groups' transactions on the relevant date were legitimate.

The judge also ruled that there was insufficient evidence to connect several individuals to Azalwa or establish that their actions were committed with his knowledge or approval. These individuals had been accused of violence, undue influence, and abduction of the petitioner's agents. Claims that Azalwa was responsible for abducting the petitioner's agents and defacing campaign posters also failed for lack of supporting evidence.

The court ultimately dismissed Akamba's petition and confirmed Azalwa's election as the directly elected member of parliament for Busiki County Constituency. The court awarded costs to Azalwa but declined to award costs to the Electoral Commission, noting that although it had a statutory responsibility to ensure a free and safe environment, violence and disruption had occurred at one polling station.

Key points

• The High Court of Uganda has upheld Waiswa Joel Azalwa's election as the Member of Parliament for Busiki County, dismissing a petition by former MP Paul Akamba.
• The court found that irregularities at one polling station did not substantially affect the overall election results.
• The judge awarded costs to Azalwa but declined to award costs to the Electoral Commission.