Declaration of Results Forms.
Mr. Lukwago submitted that the trial judge properly analysed the evidence on record
and came to a proper finding that the purported Declaration of Results Form for
Ntinda II was not genuine.
The evidence of Mukyakaze Katende, respondent’s
agent, Teddy Nakabiri, presiding officer etc clearly indicated that the respondent had
polled 259 votes and not 150 as alleged.
Counsel for the appellants further contend that much as teddy Nakabiri denies having
signed the Declaration of Results Form, she signed it.
According to Mr. Lukwago,
counsel do not point out any evidence of any person who saw her sign. The 1st
appellant did not adduce any evidence about this polling station, Lukwago
emphasised.
In counsel’s view, in light of the overwhelming evidence of the respondent, it would
be untenable for counsel for the appellants to suggest that the trial judge should have
ordered the re-opening of the ballot boxes.
Kyungu Polling Station.
The learned trial judge found that Ms Beebwa Evasy, polling official, altered the
election results of Kyungu polling station behind the respondent’s back after declaring
results. The appellants argued that Beebwa was overwhelmed by task of handling a
3-in-one election. Mr. Lukwago was quick to point out that even the 2nd appellant’s
witness, one Ssempungu Kennedy pinned Beebwa for having altered the results
deliberately.
In conclusion, Mr. Lukwago submitted that the appellants’ arguments to the effect
that because of the many discrepancies on the Declaration of Results Forms, the
respondent should have sought for opening of the ballot boxes is untenable. The
respondent has proved her averments, the excess votes at Buyuki, Namilyango,
Misindye and Takajjunge polling stations, among others, it was incumbent upon the
appellants to give satisfactory explanation for the excesses.