Court sets hearing date in MP Bagala vs Nabakooba election case

Mubende, Uganda | THE INDEPENDENT | The court in Mubende has set August 27 for the hearing of the case in which Lands Minister Judith Nabakooba is challenging the election of her political rival Joyce Bagala Ntwatwa.

Bagala won the January 14 polls with a margin of 16,000 votes to defeat Nabakooba.  But in March, Nabakooba filed a petition to challenge the outcome of the polls, alleging that Bagala was not validly elected to represent Mityana District in Parliament, on grounds that the Electoral Commission failed to secure conditions necessary for the conduct of the election.

Nabakooba, the candidate for the ruling NRM alleges that while registered voters were threatened, and her agents intimidated, EC presiding officers connived with Bagala and her agents to procure voting by unregistered persons, facilitate impersonation of voters and multiple voting. Nabakooba added that at the time of vote counting, her valid votes were counted among the invalid votes.

She argues that on the basis of this, the election was not conducted in accordance with the principles laid down in the Constitution, the Parliamentary Elections Action and the Electoral Commission Act which affected the result in a substantial manner. But  Bagala says that her rival has no legal grievance but simply nursing wounds of defeat.

She argues that on the basis of this, the election was not conducted in accordance with the principles laid down in the Constitution, the Parliamentary Elections Act and the Electoral Commission Act which affected the result in a substantial manner. But  Bagala says that her rival has no legal grievance but simply nursing wounds of defeat, and describes the petition as incompetent.

Today, Bagala filed an additional 38 witness statements in support of her case against Nabakooba. However, Justice Emmanuel Baguma asked the parties to submit to the court the lists of the witnesses they intend to cross-examine at the hearing of the case. He added that the court will on Saturday, August 21, deliver by email its ruling to determine whether or not to allow the Electoral Commission to attach more evidence in form of declaration forms.

In an interview, Bagala said that they were undergoing housekeeping matters to guide on the speedy conduct of the case.

Okello Oryem, the lawyer representing Nabakooba says they have been discussing the roadmap of hearing of this case which is for next Friday.

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