In his appeal, Galisonga contends that the learned trial Judge erred in law and fact when she found that there were illegal acts of violence and interference with his electioneering activities but that the offences did not affect the results of the election in a substantial manner.
Julius Galisonga (L) and one of his lawyers, Ivan Wanume (R) arrive at Jinja high court. photo by Reacheal Wambuzi.
The loser in the Bugweri County Parliamentary elections Julius
Galisonga has appealed the dismissal of his election petition against the incumbent
MP Abdul Katuntu.
The Electoral Commission declared Katuntu the winner with 17,813 votes against Galisonga’s
9,074 votes. Daniel Joseph Ibaale of the National Resistance Movement got 3,141
However, Galisonga petitioned Jinja High Court accusing Katuntu of allegedly
orchestrating electoral irregularities, which affected the outcome of the
Bugweri county parliamentary poll results. He accused
Katuntu of conniving with the Electoral Commission to frustrate rightful
procedures of fairness during the execution of various activities throughout
the election cycle.
Last month, Lady Justice Susan Abinyo dismissed Galisonga’s
petition with costs and upheld the victory of Katuntu as the duly elected
Bugweri County MP.
The Judge ruled that Galisonga lacked insufficient evidence to pin
Katuntu over the allegations he had levied against him and that although there
was violence in the election process, it did not affect the final results substantially.
Galisonga has now appealed challenging Abinyo's judgement raising
Galisonga contends that the learned trial Judge erred in law and fact when she
found that there were illegal acts of violence and interference with his
electioneering activities but that the said offences did not affect the results
of the election in a substantial manner.
"That the learned trial Judge erred in law and fact when she
required that on top of proving the illegal act and/or electoral offence of
interference with electioneering activities at Idudi, the Appellant/Galisonga
had to prove that such interference affected and or prevented the election of
the Appellant as a Candidate”, reads the appeal in part.
Justice Abinyo is also faulted for having failed to evaluate
Galisonga's evidence of the electoral offences of undue influence at Namamanvundu,
defacing posters and making false statements hence concluding that the said
electoral offences were not proved to the required standard.
According to the appeal, Justice Abinyo also erred when she
wrongly exercised her judicial discretion in the circumstances of the case and
awarded the certificate of two counsels and also have relied on the affidavit
evidence of Peter Obbo who was Galisonga’s first witness to conclude that his
evidence was incredible.
Through his lawyers of Isabirye and Company Advocates and Naafi
and Wanume Advocates, Galisonga wants the Judgement by Justice Abinyo reversed
and set aside as well as the election of Katuntu as the Member of Parliament
for Bugweri County Constituency.
He also wants the court to order Katuntu and the Electoral Commission to pay the
costs of his appeal and in the High Court.
Galiusonga’s appeal together with more than 50 other appeals
arising out of the 2021 general elections and High Court decisions are yet to
be fixed for hearing.