The ruling National Resistance Movement (NRM) has emerged as the chief beneficiary of the ongoing wave of disqualifications of nominated Parliamentary and Local Government candidates by the Electoral Commission (EC).
With barely a week to the first of the month-long elections, the Commission’s tribunal, chaired by Justice Simon Byabakama, struck 11 candidates off the Makindye Division Mayoral race. This handed the NRM’s Yasin Omar an unopposed victory, a windfall that has only fanned the flames of public scrutiny and criticism.
According to the tribunal, the 11 candidates failed to muster at least 20 supporter signatures from the 25 parishes across the Division, thereby falling short of the legal threshold. They joined a growing list of more than 13 parliamentary hopefuls from across the country who have been shown the exit door for similar reasons, ranging from inadequate academic credentials to procedural lapses. Opposition parties and sections of the public have cried foul, accusing the Commission of singling out Opposition candidates. The EC, however, insists its decisions are rooted in evidence and law.
‘The Commission tribunal makes its decisions on the basis of facts, evidence, witnesses, and the law. The Commission doesn’t take its decisions with a person’s colour or political party in mind,’ said Mr Julius Mucunguzi, the EC spokesperson. Justice Byabakama has vowed that the Commission will continue to weed out ineligible candidates until polling day. On December 30, Justice Byabakama told reporters: ‘These petitions are not generated by the Commission but rather vigilant Ugandans who scrutinised the nomination papers that were presented by some candidates and later petitioned us.
We summoned all the accused and complainants, who majority, turned up while others did not.’ He added: ‘We give a fair hearing to all of them, and the Commission asked the respondents to come along with their lawyers, witnesses, and any evidence that backs their nomination, which they did, and we gave judgment based on that..those with enough evidence, we upheld their nominations, only that we don’t publish them.’
Who benefits?
Critics argue that NRM candidates, who are deemed weak on the ground, have been the biggest winners from the tribunal’s axe. Some insiders, including former Speaker Rebecca Kadaga, claim the ruling party leans on the Commission to clear the field of formidable opponents. However, some players have argued that the disqualifications are well within the ambit of the Commission. NRM spokesperson Emmanuel Dombo, for instance, has dismissed claims of weakness, urging aggrieved candidates to seek redress in court. ‘Whoever feels dissatisfied with the EC’s decision should go to court because whatever they are doing is under the law, but otherwise we, the NRM, are strong. We are prepared to massively defeat them again in both Parliamentary and presidential elections…’ But who are some of those beneficiaries?
Isingiro North
Isingiro North has been a hotbed of controversy since November, after three of the six challengers to NRM’s State Minister for Animal Industry, Mr Bright Rwamirama Kanyontore, were disqualified. Mr James Atwiine Nkizimagara was struck off on November 18, for alleged lack of the requisite academic papers.
Mr Best Arnold Akunda of the People’s Front for Freedom (PFF) and Sharif Ntanda of the National Unity Platform (NUP) followed suit on December 19, both for allegedly failing to raise the required supporter signatures. Rwamirama, a retired army officer, has held the constituency seat since 2001 and the ministerial docket since 2006, a political old hand who has weathered many storms.
Isingiro District Woman MP Seat
NUP officials allege that the disqualification of Sarah Kyarimpa was engineered to pave the way for NRM’s Lilian Ruteraho, who had earlier defeated incumbent Claire Mugumya in party primaries for the Isingiro District Woman MP race. Justice Byabakama, in a December 23 letter, confirmed that Kyarimpa’s papers fell short after one of her seconders reportedly signed twice. Two days later, NUP Secretary General David Lewis Rubongoya produced a photograph of the nomination form, questioning how the EC’s computerised system could allow duplicate signatures.
Nebbi District Woman MP
The State Minister for Energy, Ms Phionah Nyamutoro, was declared unopposed after her sole rival, Ms Mercy Rebecca Abedican of NUP, was disqualified. The tribunal ruled that two of Abedican’s supporters denied ever signing her nomination papers.
Budiope East
The disqualification of Daniel Mulirire, a former police officer vying against Moses Hashim Magogo, also sparked outrage. Magogo, husband of Speaker Anita Among and president of the Federation of Uganda Football Associations (Fufa), now faces no challenger. Justice Byabakama in the December 23 decision informed Mr Mulirire that he failed to attach proof of resignation from public service at the time he submitted his nomination papers, which is contrary to Section 4(4) (a) of the Parliamentary Elections Act, Cap. 177 and based on Section 30(e) of the law. Yet later revelations indicated that Mr Mulirire’s resignation was approved by the Force on April 18 last year.
Buyanja County
Finance Minister Matia Kasaija will not face youthful NUP challenger Christopher Ategeka, who was disqualified for failing to raise the required signatures.
NUP president Robert Kyagulanyi protested: ‘When they invited him for a hearing, Ategeka went with the three people who they claimed didn’t sign for him. The three people confirmed having signed his nomination forms, and even drew down similar signatures in the presence of Byabakama. Ategeka is very shocked to receive this ruling, because he left the hearing quite sure there was no logical case.’
PETITIONS
Defence
‘We give a fair hearing to all of them [candidates], and the Commission asked the respondents to come along with their lawyers, witnesses, and any evidence that backs their nomination, which they did, and we gave judgment based on that..those with enough evidence, we upheld their nominations, only that we don’t publish them,’ EC tribunal chairperson Justice Simon Byabakama