Seeta IV polling station involving one Namutebi Joyce, L.C.I Secretary for
information and campaign agent of the 2nd appellant, who was found distributing
cards at the polling station. Counsel argued that the learned trial judge was unfair to
wholesomely reject the evidence of Namutebi Joyce for containing obvious lies.
Mr. Lukwago submitted that by using the word “wholesomely” counsel seem to
suggest that at least there were some aspects of her evidence which were not false.
According to Lukwago, counsel for the appellants do not point them out. They
simply argue that if Namutebi held cards for children who were above 18 years, it
would not be an exaggeration.
Campaigning at Kiwumu, Nakapinyi, Ntinda I and Kyampisi Polling Stations.
The finding of the trial judge on the issue of campaigning at the above polling stations
is as follows:
“In conclusion and based on the affidavits on record and the findings, court
is satisfied that this allegation was proved by the petitioner”.
Counsel for the appellants contend that the above finding was erroneous. It is the
submission of Mr. Lukwago that the trial judge properly analysed the evidence on
record from pages 48 to 52 of the judgment and came to a proper finding.
Counsel Lukwago pointed out that counsel for the appellants are silent about
Namilyango and Kikandwa polling stations which fall in the same category. In his
view, counsel for the appellants are satisfied with the judge’s findings as far as those
polling stations are concerned.
Declaration of Results Forms and Falsification of Results
Counsel for the appellants contend that those Declaration of Results Forms “must
have been obtained from the petitioner’s supporters and agents” and that the normal
practice is for the petitioner to ask for certified copies from the Electoral Commission
or opening the ballot boxes to retrieve the Declaration of Results Forms therefrom.
According to Mr. Lukwago, the above argument is untenable for the following