Police Cites Identity Theft in Busiro North Election Petition

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“Mukalazi Peter holds out as Nsubuga Paul and was elected as a member of parliament for Busiro County North,”, the police report concludes.
Busiro North MP Paul Nsubuga.

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Police investigations have pinned Busiro North Constituency member of parliament, Paul Nsubuga for impersonation. According to a report prepared by Detective Assistant Inspector of Police Peter Wetaaka, while the legislator holds out as Nsubuga, his true names are Peter Mukalazi.

The police investigations under general inquiries file number 108/ 2021 were prompted by a complaint filed by lawyers from Tayebwa Serwadda and Company Advocates on February 9th 2021. They asked police to investigate Nsubuga’s academic qualifications on behalf of their client, Edgar Lubadde. Lubadde contested and lost to Nsubuga in the January 14th, 2021 parliamentary elections.    

He trailed the race with 199 votes while Nsubuga emerged the winner with 21,401 votes. However, Lubadde petitioned the high court, saying Nsubuga lacks the requisite academic documents to contest for the position of Member of Parliament as required by law. He accused Nsubuga of identity theft, saying that he forged his way into benefiting from UPDF scholarships meant for sons and daughters of servicemen yet he was not one of them. 

Now, in his August 20th, 2021 report presented to the court by Detective Senior Superintendent of Police-SSP Moses Taremwa on behalf of the Director Criminal Investigations, Detective Assistant Inspector of Police, Peter Wetaaka explains that during their investigations the complainant told them that he knew Nsubuga Paul as Mukalazi Peter because they were childhood friends.    

According to Wetaaka, the complainant told them that the person who was voted into parliament is Peter Mukalazi, the son of Mataayo Kibuuka and Agnes Nabawanuka, both residents of Kakooge village Kakiri Subcounty Wakiso District. 

"That the real Nsubuga Paul is alive and a resident of Kakooge village and that he is a relative of Mukalazi Peter. That during the campaign period, the public was surprised to see the posters of the person they know as Mukalazi Peter bearing the name Nsubuga Paul", reads police background to the report.

Police note that they recorded statements from the complainant as well as the real Nsubuga Paul whose picture is attached to the report. "We obtained court orders to access information from the Uganda National Examinations Board -UNEB, Law and Joy Primary School, Bukerere St. Charles Lwanga Primary School, Nadangira Catholic Parish, National Identification and Registration Authority-NIRA, Uganda People's Défense Forces-UPDF Bombo and Electoral Commission, " reads the report.     

Police also engaged a handwriting expert to verify the authenticity of the signatures that were submitted at the Electoral Commission by the suspect. According to the findings, it was established that Mukalazi Peter went to Law and Joy Primary School for his primary education and sat his Primary Leaving Examination at Bukerere St Charles Lwanga Primary School since Law and Joy did not have an examination centre.

"It was further established that there was a Uganda People's Défense Forces-UPDF education orphan's bursary, which was served to Nsubuga Paul under the guardianship/parentage of Mbabali Charles,” says the report.

Adding that, “Instead of Nsubuga Paul taking up the aforementioned bursary, Mukalazi Peter took advantage of the bursary with the assistance of Kityo Noah, personated to be Nsubuga Paul and was admitted to Nakasongola Army Secondary School using the name Nsubuga Paul for O’level....and later went to Mbarara Army Boarding SS and sat for UACE in 2009 under index number U1941/521 in the names of Nsubuga Paul."

The Police report also shows that it was established from NIRA that a one Nsubuga Paul was born on November 12th 1989 to Charles Mbabali in Kakooge and the name Mukalazi Peter was nonexistent. Police say that the real Nsubuga exists and confirmed to them that he knows Mukalazi Peter now "Nsubuga Paul" MP Busiro North Constituency as a son to his late brother, Matayo Kibuuka and Agnes Nabawanuka.

“Mukalazi Peter holds out as Nsubuga Paul and was elected as a member of parliament for Busiro County North,”, the police report concludes. Shortly after tabling the report in the high court before Lady Justice Dr Winfred Nabisinde, the Electoral Commission lawyer, Hamidu Lugoloobi and Nsubuga’s lawyer Chrysostom Katumba asked the court not to admit onto the court record citing procedural fraud.  

They argued that the court is required to send the name of the implicated person to the Directorate of Public Prosecution-DPP at the end of the hearing for any criminal elements discovered during the hearing. They contend that allowing the report on the court record would prejudice the respondents. 

The lawyers also argued that the police officers who prepared the report didn’t swear affidavits to enable the respondents to cross-examine them on the allegations. Court will decide tomorrow whether or not to allow the police report.