The High Court in Kampala has dismissed with costs an election
petition that was filed against Busiro North MP Paul Nsubuga of the National
Lady Justice Dr Winifred Nabisinde dismissed the petition filed by
Lubadde a Democratic Party-DP Candidate who came last in the race
after scoring 199 votes challenged the election of Nsubuga who
obtained 21,401 votes, on grounds that he lacked the requisite academic
qualifications to contest as a Member of Parliament as required by law, at the
time of his nomination.
The law requires that all persons contesting for a parliamentary
seat should have an A level certificate or its equivalent. However, Lubadde had
argued that in the absence of the qualification, Nsubuga presented to the
Electoral Commission academic documents that did not belong to him, but another
He told the court that although he contested as Nsubuga, his real
name is Peter Mukalazi, and his traceable academic journey ended at Primary
Leaving Examinations-PLE. Through his lawyers Christopher Kajwara and Ezra
Nyalwa he added that thereafter, Mukalazi fraudulently usurped a UPDF
scholarship solely meant for the sons and daughters of army personnel and to
achieve this, he reportedly had to change his name from Mukalazi Peter to Paul
Nsubuga, and the name of his father Mathias Kibuuka who was never a UPDF soldier
to Charles Mbabaali.
But during the hearing, the Electoral Commission through its lawyers led by
Hamidu Lugoloobi and Chrysostom Katumba asked the court to dismiss the case.
They presented witnesses including the Wakiso Returning Officer, teachers and
old students with whom Nsubuga studied to prove that he had the minimum
academic qualifications to be a legislator.
They also presented Nsubuga's mother Agnes Nabawanuka who told the
court that he was legally married to Mathias Kibuuka but after a
misunderstanding, she had an affair with Kibuuka's brother Charles Mbabaali
with whom they sired Nsubuga.
The court heard also that although Nsubuga was baptized as Mukalazi Peter when
Kibuuka died the mother took him to his real biological father Mbabaali and he
was given the new name Paul Nsubuga. As such, he had to re-sit primary leaving
Examinations even though he had previously obtained the first grade. But he had
to re-sit to align his documents.
However, in her decision, Lady Justice Dr Nabisinde dismissed
Lubadde's petition on grounds that there was not sufficient evidence to
support the allegations and that the little that was availed was quoted
out of context.
Court heard that Lubadde submitted two books of prominent Baganda
writers that are written in the local language and the books indicated
various circumstances under which one can be given a name outside the clan he
belongs to. The Judge also noted that the same books also do not put
restrictions on how parents can name their children.
The Judge thus held that the submissions of the petitioner were
shallow and he went on a fishing expedition by bringing in issues of paternity
in an election petition.
Nabisinde further explained that whereas Lubadde's lawyers had
stated that after Nsubuga had changed his name he did not go for baptism again,
she said she wasn't aware of any law providing that one has to undergo baptism
for the second time.
According to Nabisinde, in the absence of a DNA, the evidence of
the mother was sufficient enough to prove that he was a biological son of
Charles Mbabaali a fallen soldier and accordingly, he was entitled to benefit
from the scholarship for the children of the militants and therefore his
academic qualifications were never obtained fraudulently.
Justice Nabisinde also said that although Lubadde had indicated that
there was another person who owned the papers in question, he never brought him
before the court and merely attached a photograph saying it's for a living
person who didn't even swear an affidavit to support the case.
Nabisinde ruled that Nsubuga was duly elected, returned,
declared and gazetted as the winner of the polls after obtaining the highest
number of votes in compliance with the laws and principles governing elections
She has noted that Paul Nsubuga who sat PLE in 2003 at Sentema
Catholic Primary School is the same person who sat for the A'level at Nakasongola
Army Secondary School in 2007 and A'level at Mbarara Army Boarding Secondary
School in 2009.
Nabisinde’s ruling was read by the Civil Division Assistant Registrar Agnes Alum
on behalf of the Judge.
Nsubuga has said it's now time to work for the people adding that
the case had occupied his time.
Lubadde said he will discuss with his lawyers for next course of