By KT Reporter
The runner-up in the Masaka City Woman Member of Parliament race, Justine Nameere, has petitioned the Masaka Chief Magistrate’s Court seeking a recount of the cancelled election results and an order that the disputed votes be added to her tally and she be declared the winner.
Nameere, the National Resistance Movement (NRM) candidate, argues that she was wrongly denied victory in the January 15 elections due to what she describes as malicious actions by the Masaka City Returning Officer, Ahmed Nadduli.
The Electoral Commission declared National Unity Platform (NUP) candidate Rose Nalubowa the winner with 25,443 votes, defeating Nameere, who polled 20,324 votes.
The incumbent Masaka City Woman MP, Juliet Kakanda of the Democratic Front (DF), came third with 6,343 votes. In her application, Nameere challenges the results as declared, alleging that the returning officer deliberately omitted results from polling stations where she had won overwhelmingly.
She contends that the omission materially affected the outcome of the election. According to the Electoral Commission, results from at least seven polling stations were cancelled after it emerged that the votes recorded exceeded the number of registered voters and that some declaration of results forms had irregularities, including crossed figures.
The results were set aside following complaints from rival candidates who questioned the integrity of the documents from those polling stations. However, through her lawyers led by Anthony Baziira, Nameere maintains that the returning officer acted in bad faith by failing to tally results from all 314 polling stations in Masaka City.
She claims that results from at least 11 polling stations where she had secured large margins were excluded, and that if those votes were considered, she would have legitimately won the election.
Nameere has submitted copies of declaration of results forms whose figures were cancelled, arguing that the cancellations substantially reduced her vote tally in favour of the NUP candidate.
She told the court that she raised concerns during the tallying process, but that the returning officer ignored her, prompting her to seek court intervention for a re-evaluation of the results, including a recount of the ballot papers cast.
She further claims that the alleged irregularities cost her more than 5,000 votes, which, if added to her total, would result in her being declared the winner.
“We have spoken to all presiding officers from the affected polling stations, who have confirmed on record that voting took place at those centres and that results were transmitted without any irregularities,” the application states in part.
Nalubowa, the Masaka City Woman MP-elect, through her lawyers led by Samuel Muyizzi, strongly opposed the application, dismissing the allegations as fabricated and intended to mislead the court into what he described as a fishing expedition.
Muyizzi argued that the application relies on uncertified documents, including tally sheets and declaration of results forms allegedly obtained from polling stations. He also submitted that the total number of valid votes, invalid votes, and unused ballot papers can be arithmetically reconciled with the number of ballot papers delivered for the election.
He further claimed that Nameere may have manufactured declaration of results forms and ballot papers in an attempt to claim a victory she never secured. Muyizzi asked the court to dismiss the recount application for lack of sufficient evidence to show that a recount would change the outcome of the election.
Earlier, Muyizzi had raised a preliminary objection, arguing that the application was filed out of time. However, the objection was overruled by Chief Magistrate Albert Asiimwe, who held that the statutory deadline had not yet lapsed. After hearing submissions from both sides, the magistrate said the court requires time to thoroughly examine the arguments before delivering a ruling.
The court indicated that a decision on whether to allow a recount would be delivered on Friday afternoon. Nalubowa expressed concern over the safety of the ballot boxes and other election materials currently stored at the Electoral Commission.
She alleged that the storage facilities have been under the control of armed operatives for more than a week under unclear circumstances, and noted that the returning officer who conducted the election has since been transferred.
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