stations, who were her supporters, were disenfranchised. In that regard, the learned
trial Judge was also right to reject the evidence of Andrew Songa.
Mr. Lukwago further submitted that the appellants’ complaint on the finding of the
learned trial judge on disenfranchisement of voters who went to the polling stations
but were openly told by the respective presiding officers that their names were not on
the voters’ registers is, unjustified. That finding of fact, according to Lukwago, was
supported by evidence before her which she analysed in her judgment from pages 15
to 29 thereof.
Mr. Lukwago further pointed out that the complaint that all the affidavits in support of
the petition were exactly the same apart from the deponent’s name and polling station
is unfounded. According to counsel, all the deponents gave different registration
numbers; some of them like Beatrice Nabasirye indicated the time when they went to
their respective polling stations; others stated that they checked at nearby polling
stations after being turned away. Further, counsel referred to the affidavit of one
Nabisubi Deborah, who states that the presiding officer checked the register twice but
her names were not found. Namutebi Juliet says her name was misspelled and that
she pointed out this anomaly during display.
According to Mr. Lukwago, even if there were material similarities in the said
affidavits, it would be quite erroneous for appellants’ counsel to use that as a basis for
their argument that the said evidence was concocted. This is because all the said
disenfranchised voters who deponed affidavits had similar problems, as they were all
victims of a systematic play by both appellants to rig the election. It is a surprise to
Lukwago that counsel for the appellants argue that “there is no evidence that it is
only persons who were to vote for the respondent that were not on the Register”.
The petitioner, according to counsel, proved that her supporters were disenfranchised.
There is no scintilla of evidence on record to show that there is even a single known
supporter of the 2nd appellant who was deleted from the Register. In counsel’s view,
the apparent desperate attempts by the appellants to suggest that even other
candidates’ supporters could have been affected is, misconceived, regrettable and not
supported by evidence.